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HomeMy WebLinkAboutDraft Oct 22 Minutes PLANNING COMMISSION MINUTES MONDAY, OCTOBER 22, 2007 1. Call to Order: Chairman Lemke called the October 22, 2007, Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Billington, Fleming, Lemke and Ringstad, Planning Director Jane Kansier, Planning Coordinator Danette Moore, Planner Jeff Matzke and Recording Secretary Connie Carlson. 2. Roll Call: Billington Fleming Lemke Perez Ringstad Present Present Present Absent Present 3. Approval of Minutes: The Minutes from the September 24, 2007, Planning Commission meeting were approved as presented. 4. Consent: None 5. Public Hearings: Commissioner Lemke read the Public Hearing Statement and opened the meeting. A. Ryland Homes has applied for the following requests at the site located south of CSAH 12 (170th Street), northwest of MN TH 13 and east of Pheasant Meadows. . EP07 -142 An Amendment to the Final Planned Unit Development known as Stonebriar. . EP07 -144 A Vacation of existing drainage and utility easements at 3609 170th Street. . EP07-143 A Combined Preliminary and Final Plat of the site at 3609 170th Street and the adjacent Outlot A to create Stonebriar 2nd Addition. Planning Coordinator Danette Moore presented the Planning Report dated October 22, 2007 on file in the office of the City Planning Department. On January 2, 2007, the City Council approved the Stonebriar Final Planned Unit Development and Final Plat. The approved Plat and PUD allowed for a residential development consisting of 32 single family lots and 5 outlots for parkland, ponding, L:\07 FILES\07 PLANNING COMMISSION\07 MINUTES\MNI02207.doc 1 Planning Commission Meeting October 22, 2007 trails, a private street, a monument sign location, and Outlot A which was anticipated to be combined with the property at 3609 170th Street in the future. Ryland Homes owns the property at 3609 170th Street (adjacent to the Stonebriar Development at the southwest comer of Stone briar Circle and 170th). In May of2007, a spec home for the Stonebriar development was built on the lot. Since that time, the developer has decided it would be beneficial to have the comer lot at 3609 1 70th Street as a part of the Stonebriar PUD. In the narrative submitted by the developer, the following items are detailed as benefits to the City: . Payment ofthe park dedication fee ($3,750) for the additional lot being added to the PUD. . The construction of a sidewalk along the west side of Stonebriar Circle, along 170th Street, extending to the first intersection within the Stonebriar development. The amendment area (3609 170th Street) is not in the Shoreland District and will not negatively impact the previously allowed impervious area of the PUD. The request for a Combined Preliminary and Final Plat relates to the land area of the property at 3609 170th Street and the adjacent Outlot A. At the time of Final Plat for Stonebriar, Outlot A was created in anticipation of this future combination with the property at 3609 170th Street to allow for a more symmetrical lot configuration. The developer is requesting to vacate the current 10 foot wide drainage and utility easement along the north and east boundary and 5 foot wide draina~e and utility easement along the west and south boundary of the lot at 3609 170t Street. New drainage and utility easements will be applied along the boundary of the newly configured property with the platting of Stonebriar 2nd Addition. If all portions of the request are approved, Stonebriar 2nd Addition will become part of the Stonebriar PUD. Approval of the Combined Preliminary and Final Plat, Vacation and PUD Amendment requests will not negatively impact the nature of the existing neighborhood or the future Stonebriar development. The staff recommended approval of the requests, subject to the following conditions: 1. The PUD Amendment, Vacation, Combined Preliminary and Final Plat and Development Contract must be approved by the City Council. 2. The PUD Development Contract must be signed by the developer and approved by the City Council. 3. Prior to the release of Stonebriar 2nd Addition mylars, the developer must pay any necessary fees. L:\07 FILES\07 PLANNING COMMISSION\07 MINUTES\MNlO2207.doc 2 Planning Commission Meeting October 22, 2007 Comments from the Public: Applicant Brian Sullivan of Ryland Homes said Danette did a great job in presenting the report. He would remain present to answer any questions. Ringstad asked Sullivan how the market was going. Sullivan said when they first opened the spec home they had a lot of traffic and interest. Since that time they have basically been on hold with the road construction. There were no comments from the public and the hearing was closed. Comments from the Commissioners: Ringstad: . Agreed with staff s assessment and recommendations on all three items. Bringing the Second Addition into the PUD; payment of the park deduction fee and the sidewalk construction is consideration enough to approve. Billington: . Second the comments and support the recommendations. Fleming: . Support the recommendation as proposed. Lemke: . Agreed. I find the park dedication and sidewalk to be in the City's interest. MOTION BY BILLINGTON, SECONDED BY FLEMING, RECOMMENDING APPROV AL OF THE PUD AMENDMENT, VACATION AND COMBINED PRELIMINARY AND FINAL PLAT SUBJECT TO THE LISTED CONDITIONS. Vote taken indicated ayes by all. MOTION CARRIED. This item will go before the City Council on November 5, 2007. 6. Old Business: A. EP07-125 Continue review of an application to amend the Final Northwood Meadows PUD Plan to reduce the minimum side yard setbacks from 10' to 7.5' for the lots in The Coves of Northwood Meadows. Planning Director Jane Kansier presented the Planning Report dated October 22, 2007, on file in the office of the City Planning Department. Manley Land Development, Cardinal Development Group, and Donnay Homes have applied for approval of an amendment to the Planned Unit Development (PUD) known as L:\07 FILES\07 PLANNING COMMISSION\07 MINUTES\MNlO2207.doc 3 Planning Commission Meeting October 22, 2007 Northwood Meadows on the property located on the west side of North wood Road, directly west of the Northwood Oaks development and east of Spring Lake Regional Park. The proposed amendment would allow the minimum side yard setbacks for the lots in The Coves of Northwood Meadows to be reduced from 10' to 7.5' or 5 feet. The Planning Commission considered this item at a public hearing on September 24, 2007. The proposal before the Planning Commission at that time would have increased the impervious surface in Tier 4 of the development to 28.5%, which exceeds the allowable 25 percent. The Planning Commission directed the developer to reconfigure this proposal so the impervious surface will not exceed 25% in Tier 4. In order to meet the maximum 25% impervious surface requirement, the developer is proposing to limit the house pad on the lot to 3,300 square feet, and the overall impervious surface to 4,200 square feet. According to a letter dated July 25,2007 from BDM, this will ensure the impervious surface in Tier 4 does not exceed 25 percent. The restrictive covenants on the lots will include these limitations. These covenants will be recorded against the property. The Planning Commission must review the proposed amendment to the Final PUD plan and determine whether the amendment is consistent with the purpose of a PUD. The change in the proposal is consistent with the direction provided by the Planning Commission on September 24, 2007. If the Planning Commission finds the proposal consistent with the purpose of a PUD, the staff would recommend approval subject to the following conditions: 1. A 7.5' setback will be permitted on one side of Lots 5-7, Block 1, Lot 1, Block 2, and Lot 3, Block 3, of the Coves of Northwood Meadows, as approved in the original PUD plan. Additional setback reductions are according to the table on Page 1 of this report. All other setbacks must meet the R-1 district requirements. 2. The maximum house pad on the lots with reduced setbacks is 3,300 square feet, and the maximum impervious surface is 4,200 square feet. 3. The revised restrictive covenants must be recorded prior to issuance of any building permits. Commissioner Ringstad abstained from comments and voting on this matter due to a conflict of interest. Comments from the Commissioners: Lemke asked if staff was comfortable with the reductions and ifit takes care of the impervious surface. Kansier responded according to the surveyor for the developer it would meet the maximum impervious surface. Lemke questioned the two lots with the 5' setbacks, actually it's a trail. Kansier explained the two lots and park trail. L:\07 FILES\07 PLANNING COMMISSION\07 MINUTES\MNI02207.doc 4 Planning Commission Meeting October 22, 2007 Lemke said he just wanted to be clear this is not being done to increase the number of units or density. Kansier confirmed. The applicant said he did not need to comment and there were no comments from the public. Fleming wanted to make sure everyone understands clearly as his intent is to understand the communications dated October 8 is from DDM. The end of the second paragraph is rather loose and would rather see impervious surface "will not exceed." He wanted to make sure what everyone was agreeing to in spirit is actually going to happen, given the integration of their restrictive covenants. Kansier said she was not sure how to do that without further information from the surveyor. By limiting the impervious surface to 4,200 square feet should do it. Fleming said he's not sure what to do with it but you could drive a truck through that language. Kansier agreed. Lemke asked if they (the developer) are sort of covering their tracks if something exceeded the requirements, they would have no control if someone came to ask for a variance. Kansier said staff would have very specific restrictions for each lot states the maximum house pad and impervious surface regardless of what the percentage on those lots turn out to be. Staff also maintains a table as the building permits are processed and keep an eye on it. What could conceivably happen is coming down to the last house and it may not be to meet the requirements because of the 25%. Lemke asked Kansier if she was comfortable with the 25% using these covenants. Kansier responded based on the information from the surveyor she would be comfortable. The public hearing was officially closed. Billington: . Given the information and staffs comments - I feel it is reasonable. Support as it can be controlled in the aggregate impervious surface. Fleming: . Will support the proposal. Would like to thank Kurt and Cardinal Development for going back to the table and taking our previous comments and directions from the September 24th meeting. Lemke: . Support - it is consistent with what we had before. Now that we have the 25% nailed down, I am comfortable with this. . It meets the criteria. L:\07 FILES\07 PLANNING COMMISSION\07 MINUTES\MN102207.doc 5 Planning Commission Meeting October 22, 2007 MOTION BY BILLINGTON, SECOND BY FLEMING, RECOMMENDING APPROVAL OF THE PUD FINAL PLAN SUBJECT TO STAFF'S CONDITIONS. Vote taken indicated ayes by all. Ringstad abstained. MOTION CARRIED. This item will go before the Council on November 5th. 7. New Business: 8. Announcements and Correspondence: Just a reminder the first meeting in November will be Tuesday, the 13th. . Zoning Workshop discussions to follow in the Parkview Conference Room. 9. Adjournment: The meeting adjourned at 6:25 p.m. Connie Carlson Recording Secretary L:\07 FILES\07 PLANNING COMMISSION\07 MINUTES\MN1 02207.doc 6