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HomeMy WebLinkAboutPC Meeting Minutes 09-13-10Planning Commission Meeting Minutes September 13, 2010 PLANNING COMMISSION MINUTES MONDAY, SEPTEMBER 13, 2010 1. Call to Order Commissioner Fleming called the September 13, 2010, Planning Commission meeting to order at 6:04 p.m. Those present were Commissioners Billington, Howley, and Fleming, Community Development Director Danette Parr, Assistant City Engineer Larry Poppler, Planner Jeff Matzke, and Development Services Assistant Joe Sortland. Commissioners Ringstad and Perez were absent. 2. Approval of Minutes: The Minutes from the August 9, 2010, Planning Commission meeting were approved as presented. 3. Public Hearing: A. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO SECTION 1102.1103(5) OF THE CITY ZONING ORDINANCE TO RESTAURANTS AND CLUBS AND LODGES WITH LIQUOR IN THE "C-2" (GENERAL BUSINESS DISTRICT). CDNR Director Danette Parr stated it would be beneficial for the entire Planning Commission be present for such a text amendment. Parr requested that the Ordinance Amendment be pulled from agenda until a meeting when more Planning Commissioners are present. Parr stated that the notice for the ordinance amendment was properly published in the Prior Lake American. Though it is not required, residents within 100 feet from the C-2 General Business Commercial Zoning District will be notified for the upcoming meeting. Billington moved to move the meeting until September 27, 2010. Howley asked if any audience members would like to comment on the motion to move the ordinance amendment. No comments were received. A MOTION WAS MADE BY BILLINGTON AND SECONDED BY HOWLEY TO MOVE THE PUBLIC HEARING TO CONSIDER AN AMENDMENT TO SECTION 1102.1103(5) OF THE CITYZONING ORDINANCE TO RESTAURANTS AND CLUBS AND LODGES WITH LIQUOR IN THE "C-2" (GENERAL BUSINESS DISTRICT) UNTIL SEPTEMBER 27, 2010. VOTE: Ayes by Billington, Howley and Fleming. The motion carried. B. PUBLIC HEARING TO CONSIDER AMENDMENT TO THE HICKORY SHORES PUD AND PRELIMINARY PLAT Matzke and Poppler presented the request for an amendment to the Planned Unit Development and Preliminary Plat for the Hickory Shores subdivision. The amendment to the Planned Unit Development for 1st Addition would allow detached single family homes rather than attached townhomes. The Preliminary Plat for the 2"d and 3~d Additions would increase the number of single family lots from the previously approved 43 lots to 45 lots. L:\10 FILES\10 PLANNING COMMISSION\10 MINU1'ES\MN091310.doc Planning Commission Meeting Minutes September 13, 2010 Questions by the Commissioners: Howley asked if any neighborhood parks are proposed. Matzke answered that there is an existing park, Heritage Park, nearby and the future Golden Pond Property would have a future park. Howley asked if there should be two motions: one for the PUD Amendment and one for the Preliminary Plat. Matzke agreed that there should be two motions Howley asked if we should consider the request until after K. Hovnanian owns the land, as it is currently owned by the bank. Matzke answered that the developer currently has an agreement with the property owner (bank) pending the approval of the PUD and Preliminary Plat amendments. Howley asked if access to three undeveloped properties near the subdivision has been taken into consideration, should the undeveloped properties be developed in the future. Poppler answered that inner-connectivity with the neighboring lots was not taken into consideration. Howley asked if the three lots on the south side of the subdivision will be served with utilities, or if utilities will not be constructed until the lots are developed. Poppler answered that the utilities will be extended when the three south lots are developed. Howley asked if the city is burdening the property to the south, in regards to stormwater being temporarily located with a temporary pond in Outlot A. Poppler answered that during the planning of the future Golden Pond Property, stormwater ponds will be discussed and thoroughly planned. Howley commented that the wetland buffer should be located in Outlots, due to the city doing this for stormwater management. Billington asked if Matzke has met with the Heritage Landing Townhome residents regarding the project. Matzke answered that he has had a few telephone conversations with the residents of the Heritage Landing Townhome Association. They were notified as part of the required public notice process which notifies property owners within 500' of the development. Billington asked about the tree buffer mentioned in the letter from Heritage Landing Townhome Association. Matzke said he did not speak with the author of the letter specifically regarding the tree buffer L:\10 FILES\10 PLANNING COMMISSION\10 MINU1'ES\MN091310.doc Planning Commission Meeting Minutes September 13, 2010 A MOTION WAS MADE BY BILLINGTON AND SECONDED BY HOWLEY TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Billington, Howley and Fleming. The motion carried. The Public Hearing began at 6:41 p.m. Comments from the Public: Kevin Clark, Vice President of K. Hovnanian Homes, 7615 Smetana Lane, Eden Prairie, spoke on behalf on K. Hovnanian Homes. Clark presented a short history on the K Hovnanian Homes company. Clark acknowledged that because the subdivision was originally planned with the proposed Golden Ponds subdivision to the south being constructed concurrently, there are still issues which need to be solved, such as the final layout of the stormwater ponds. Adjustments were made to the lots of Hickory Shores in an effort to accommodate the outlots. Due to conditions changing, and the new pipeline plan, changes were required for the plat The construction timeline anticipates completing units for the spring home preview of 2011. The development of the second addition will be driven by the sales response. Clark answered Howley's question in regards to the bank/developer ownership. The developer wants to make sure that the plans they are intending to use can be approved, prior to ownership of the land. The agreement with the bank is contingent on the approval of their proposed requests before the City. In the 1st Addition, the townhome area, Clark met with the homeowners last week to discuss the current and future Homeowners Association (HOA). The developer would require approval of the HOA to amend the PU D for the first phase. Common area surrounds the units, known as Lot 39. The developer may be proposing two classes of membership for the HOA. A general insurance policy would be wanted for the townhome owners to protect the common interest. The proposed homes in the townhome section would be two stories with two car garages known as the Woodland Series, ranging in square footage from 1,748- to 2,120. Base prices would be starting at $218,000 - $243,000, with a final average price of $250,000. There are 144 variations being proposed with maintenance-free exteriors consisting of siding, brick, stone, and other accents. They would be homeowner maintained and not maintained by an association. The proposed homes would have altering architectural features and elevations. The proposed homes on the single family lots in the central and southern areas of the development would consist of the Lakeland Series of models. These models are two story homes with three-four car garages Additional options would include choices for increased exterior and interior enhancements such as additional brick and stone exteriors and landscape packages. These homes range from 2,290- 3,220 square feet. Base prices for the homes may range from $285,000 - $345,000 with an average final price of $350,000. Clark answered that the reason the PUD Amendment and Preliminary Plat are being requested together is because the seller's agreement required K. Hovnanian to purchase all three of the phases, hence the combination of the requests. Clark explained that the reason for the lot adjustment was a result of the platting of the temporary pond. Collaboration with the Golden Pond property owner may allow for a joint pond venture rather than the designed temporary pond but the temporary pond provides a short term option to handle the storm L:\10 FILES\10 PLANNING COMMISSION\10 MINU1'ES\MN091310.doc 3 Planning Commission Meeting Minutes September 13, 2010 water. The three final "ghost lots" in the 3~d Addition on the south side of the subdivision will be developed contingent on the economy and timing of lot sales. Billington asked Clark what his opinion is regarding the neighboring properties. Clark answered that this has been the number one question from the beginning because they are proposing something different. It would be neutral, at worse, for new housing stock to be developed next door to the existing homeowners. He feels that what is being proposed is appropriate and safe for the marketplace. Building out the community, with housing stock that will appreciate, will be beneficial for the community and existing homes. He acknowledged that the homes will be costing less than what is for sale in the Heritage Landing subdivision, but that the square footage of the attached Heritage Landing townhomes is greater than K Hovnanian's proposed detached townhomes and therefore comparable home values between the two types of units may not be appropriate. Fleming asked Clark if he feels K. Hovnanian addressed the concerns of the Heritage Landing. Clark clarified that he met with the homeowners of the Hickory Shores townhomes, not Heritage Landing, and he did not see the letter from Heritage Landing until this morning, so he had not had time to contact Heritage Landing. Clark explained that a number of existing trees were preserved between the development and he feels that the existing buffer is appropriate. Fleming asked if Clark would be open to dialogue with the Heritage Landing owners. Clark responded that he would be open to dialogue. Mike Scott, 4025 Heritage Lane, agrees with Clark that developing and attempting to revitalize Hickory Shores is important. He disagrees that the landscape buffer is substantial. Scott requested that more substantial separation between Hickory Shores and Heritage Landing be provided. He also asked what the setbacks and re-grading would be like. Matzke answered that the setbacks would remain the same. Because the property lines for the townhomes will not change, the townhomes will not be getting closer than what was originally approved. Poppler explained that the re-grading will not be significantly different. The location of a retaining wall that had originally been approved will be altered. Scott asked if the water flow will be directed toward Heritage Landing. Poppler answered the water flow direction will not be altered from what was originally approved. Scott explained that he works in development and that he understands the predicament of K. Hovnanian, but would request that the landscape buffer between Heritage Landing and Hickory Shores be improved. Kate Leslie, 4045 Heritage Lane, said that she lives along the tree line. The tree cover that they originally had previous to the development of Hickory Shores has been reduced, and it no longer is appealing. She said that the proposed townhomes are taller than what they originally were expecting, instead of the ramblers which were originally approved. She said the Heritage Landing home prices have been affected by the downturn in the economy, but they would appreciate an improved landscape buffer. L:\10 FILES\10 PLANNING COMMISSION\10 MINU1'ES\MN091310.doc 4 Planning Commission Meeting Minutes September 13, 2010 Frank Fertal, 3911 O'Brien Court, stated that he welcomes the new building. He stated that when they purchased their home, they were advertised as premier homes. He had concerns regarding the homeowner's association, and he does not know what will happen in respect to the single family homes. The original builder failed to maintain the original landscaping, and is wondering would will happen to the common areas when K. Hovnanian takes over ownership. He understands that the economy has suffered, but he is concerned about the architectural standards and the quality of the proposed homes. Heather Pilakowski, 3929 O'Brien Court, stated that she was frustrated by the lack of communication with the proposed future developer. She has concerns regarding the architectural standards, and recognizes that they paid more for the existing homes than the homes are worth today. It took a while for the original builder to install the amenities, and she hopes that the quality of the homes will be taken into consideration. Connie Roesler, 17059 Kennett Curve, is one of the townhome owners in Hickory Shores 1st Addition. She met with Kevin Clark and K Hovnanian last week and appreciated their communication. She stated that they bought their townhome as a foreclosure property and received a discount on the price accordingly; however, they expected a townhouse community when they purchased their townhome. She believes that her townhome will look significantly different when the single family units are constructed, and is concerned that they will face difficulty in the future when they attempt to sell the townhome. She is also concerned about the future of the homeowners association. Julian Davis, 4057 Heritage Lane, will be a future homeowner in Heritage Shores. He welcomes that additional building will occur as a result of the proposed amendments. He is concerned that the changes being proposed will affect the price of square footage. He asked if the homeowners in the development will maintain the road. Davis said that the traffic flow into the area may be a concern. He asked if traffic control has been given consideration when reviewing the requests. He asked if the builder has the financial leverage to undertake the project. He said it may be beneficial for the developer hold a meeting with the residents in the Heritage Landing development. A MOTION WAS MADE BY BILLINGTON AND SECONDED BY HOWLEY TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Fleming, Billington and Howley. The motion carried. The public hearing closed at 7:37 p.m. Commissioner Comments and Questions: Howley asked if the townhomes were designed to have shared driveways Matzke answered that the townhomes will all be front-loading garages, and that the majority of the driveways will be independent, separate driveways. Howley asked about the limited grading which will occur, and if any of the mature trees in that region will be removed during grading. Matzke answered that the mature trees will not be affected by the proposed grading. Replacement trees, which are not mature, may be affected and removed during the grading, but will be replaced. L:\10 FILES\10 PLANNING COMMISSION\10 MINU1'ES\MN091310.doc Planning Commission Meeting Minutes September 13, 2010 Howley stated that the change in the development will not be any different, from a landscape buffer aspect, than what was originally approved. He believes that the developer should be able to appease the neighboring residents by planting several more trees. Howley asked Kevin Clark if the smaller townhomes would be constructed in the large home areas. Clark answered that they will only be building the small detached homes where attached townhomes were approved. K. Hovnanian will be constructing the homes with the architectural designs presented to the Planning Commission. Howley asked if they have an attached townhome plan. Clark answered that the attached townhome plans are struggling throughout the metro area. Also single story townhomes are not selling. Howley stated that he understands the concerns of the owners living in the attached townhomes, if detached single family units are approved. Billington stated that he believes the proposal is appropriate in comparison to the original Planned Unit Development. He understands that the plan has to be altered to compete with the economic climate. He believes that the developer iswell-established and will be around in the future, and that city safeguards will protect the community. He believes any construction which occurs will be an asset, and while the project may not raise the property values, it will stabilize them and will be an asset to the city tax-base. He believes that the developer should be open to discussing concerns with the neighbors. Billington stated that he supports the amendment. Fleming supports the proposed amendment. He stated that he strongly encourages the developer to meet with the neighbors. He encouraged the residents of the community to communicate with staff and the developer. Fleming asked Kevin Clark how quickly he predicts the units to become sold and occupied. Clark answered that they are projecting two townhomes and two single family homes per month, for the first eighteen months, and then hopefully transitioning to three homes of each building product type per month. However he added that the market would influence, positively or negatively, the actually number of sold units. Fleming stated that he does not expect the developer to build units they cannot afford in respect to architectural features within the homes but he would like to see comparable architectural elements as in the existing homes in the development. Clark answered that there are no covenants specified for architectural elements by the original developer, but rather representations of the architectural intentions. Clark stated in answer to a previous question that K. Hovnanian Homes is financially stable and would become the titled owner of the development upon purchasing the project. Fleming stated that he encourages dialogue to occur between the developer and the neighbors Howley asked about the homeowners association within the southern single family homes. L:\10 FILES\10 PLANNING COMMISSION\10 MINU1'ES\MN091310.doc Planning Commission Meeting Minutes September 13, 2010 Clark answered that covenants regarding the existing single family units apply to general enforcement standards, as well as maintenance to the common areas. Taking ownership of the existing units would give the developer "declarent" control and they would be willing to meet with the existing homeowners to work on any concerns regarding the covenants. Howley asked staff regarding condition #4 in the planning report is redundant. Matzke answered that Howley is correct in that the comment is also included within the listed staff memorandums, but was placed as a separate condition for clarification. The original placement of pipes is in some conservation areas and that the conservation of trees would be taken into account if any unforeseen displacement of trees was proposed. Howley stated that he supports the amendment and would like to add a condition of approval that the driveways for the detached homes have a shared driveway instead of a separate driveway. Clark answered that separated driveways enhance the detached units, which also results in less impervious surface and an increase in grass. Clark believes that the streetscape will be more appealing. Howley clarified that the idea was in regards to engineering. Poppler acknowledged that the driveway separation was highlighted as a point to discuss, but that he did not have any strong opinion on whether or not the driveways should be combined or separated. Clark added that the single driveways per unit will facilitate additional street parking. Billington stated that he will not support Howley's proposal on combining driveways. Fleming stated that he believes the proposal is viable, and will support the proposal, with the listed conditions. A MOTION WAS MADE BY BILLINGTON AND SECONDED BY HOWLEY TO APPROVE THE PUD AMENDMENT. VOTE: Ayes by Fleming, Billington, Howley. The motion passed unanimously. A MOTION WAS MADE BY BILLINGTON AND SECONDED BY HOWLEY TO APPROVE THE PRELIMINARY PLAT. VOTE: Ayes by Fleming, Billington, Howley. The motion passed unanimously. 4. Old Business: None 5. New Business: None 6. Announcements and Correspondence: Matzke noted that the proposal will be going before the City Council on September 20, 2010. 7. Adjournment: The meeting adjourned at 8:05 p.m. Joe Sortland, Development Services Assistant L:\10 FILES\10 PLANNING COMMISSION\10 MINU1'ES\MN091310.doc 7