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HomeMy WebLinkAbout20150526 Minutes PLANNING COMMISSION REGULAR MEETING MINUTES May 26, 2015 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, May 26, 2015. Chair Miller called the meeting to order at 6:30 p.m. with Commissioners Kenninger, Forster, Henrie, Freeman, and VanderWiel. Commissioner Kurle was absent. Also in attendance were Senior Planner Zweber, Planner Lindahl, Engineer Hatcher, and Recording Secretary Roudebush. The Pledge of Allegiance was said. Additions to Agenda: Correction on Evermoor Place summary, incorrectly states 60 units, should be listed as 90 units. Audience Input: None Consent Agenda: a.Approval of the April 28, 2015 Meeting Minutes rd Planner Freeman noted a correction on page 6, 3 paragraph, should be attract not attack. MOTION by Kenninger Second by Forester Ayes: 6. Nays: 0. Motion Passed. Public Hearing: 5.a. Request by Copper Creek Development for a Planned Unit Development and Preliminary Plat to build 90 single family homes(15-16-PUD) Senior Planner Zweber summarized his report for the Planning Commission. He also noted that there are four citizen comments received via email since packet has been published. Commissioner Forster inquired about the history behind the property being guided TR - Transitional Residential. Senior Planner Zweber stated that was designated TR in 1998 Comprehensive Plan as the future Evermoor neighborhood was; however the specific written description for 3+ units per acre was adopted with the 2008 Comprehensive Plan. Forster also confirmed that most developments along the MUSA line are transitional as well. Zweber stated that there are also some areas guided as transitional that are outside the MUSA, due to the size of the lots, and should those septic systems fail, the City can bring municipal water and sewer to those residents. A number of the lots outside the MUSA are less than one acre. Forester also inquired about the proposed intersection of 132 and South Robert Trail, if nd there has there been a traffic study for that intersection. He is mostly concerned about the queuing lane being adequate for future traffic from the new development. Zweber stated that the feasibility study should be done by before the Final Plat for this development goes before City Council. PLANNING COMMISSION REGULAR MEETING MINUTES May 26, 2015 PAGE 2 Forster asked for more details on the connection of Dodd Blvd and why there is a deviation from what the Comprehensive Plan shows, which connects Dodd Blvd through the proposed development. Zweber stated that they did not want to create a sole cul-de-sac within the neighborhood that an access would need access to South Robert Trail. Forester also inquired about turn lanes. Zweber stated that there are turn lanes currently on South Robert Trail, and they would be added on 132 Street with its nd reconstruction. Forester also inquired about the citizen comment about an additional load on existing park in Glendalough and wondered if staff has reviewed it and if it is a non-issue. Zweber stated that there is a private park and two private pools for Glendalough residents only and residents of Evermore Place would not be allowed to use the private parks. Zweber stated that the regional trail is the access point to city parks for the proposed neighborhood. The construction of the trail will be before the development is fully built, the City is working with Dakota County to install the regional trail in the second phase of the development. Commissioner Henrie inquired who will be responsible for the up keep along Hwy 3, as it is one of the first impressions when transitioning from rural Rosemount to higher density residential along South Robert Trail. Zweber stated that the requirements are to maintain as much of the current exterior vegetation as possible. The plan is to keep many trees and add additional trees along the north and west side of the development. The plan has been submitted to MnDOT for review, and their initial response is the removal of two driveways is a huge benefit. No additional right-away will be needed along South Robert Trail. There are no plans to expand South Robert Trail. If South Robert Trail were to expand, that would destroy Rosemount’s downtown and that Akron Avenue is now being planned as a minor arterial north to south through Rosemount. Henrie also inquired about the necessity of a homeowners association. Zweber stated that nothing in the proposed development needs to be maintained by the group of homeowners, so the City wouldn’t require a homeowners association. The stormwater pond will be maintained by City and the Regional Trail will ultimately be maintained by the County. Commissioner Kenninger inquired if there are plans for a fence along houses that back onto South Robert Trail. Zweber stated that the trail buffers the development that doesn’t exist along the eastern side of Hwy 3, as well as a buffer of additional vegetation to be installed, so that staff isn’t recommending a fence. Kenninger also inquired if Glendalough’s private park has a keyed access like the pools do. Zweber stated that the park is signed as private parks, but that there is no fence or gate. Commissioner Freeman inquired about the need to connect Dodd Boulevard when the development was proposed for townhouses and how has that changed since the density has been reduced. Zweber stated there would be a 40% reduction in units from what a townhouse development would generate and therefore an assumption that it would generate less traffic. Commissioner Miller asked for clarification on park dedication and opportunity for a park within the development. Zweber explained that the City has adopted a Parks Master Plan that depicts where parks should be and the Master plan map labels N=neighborhood park and M=mini park. There is no call for a mini park on Parks Master Plan for this area. There is wording regarding multilane roads and railroads that signify that a mini park would be called for. There are other places within the City where parks are designed where neighborhoods would need to cross high traffic roads to access a park and that there is a PLANNING COMMISSION REGULAR MEETING MINUTES May 26, 2015 PAGE 3 traffic signal and a pedestrian walkway at the intersection of South Robert Trail and Connemara Trail. The Parks Commission is recommending a pocket park and their recommendation and the Parks Director recommendation will go before the City Council for them to decide if a park is needed. Miller also asked for more clarification on the Dodd Boulevard connection. Zweber stated that he doesn’t have anything to add beyond what he has already explained. The public hearing was opened at 7:34 pm. Public comments: Brad Owens 13444 Carlingford Lane, his property is located directly behind lots 42 and 43. He is concerned about losing the view behind his house as well as water drainage issues. He stated that Planner Zweber told him that they wouldn’t really know how the water will drain until final plat is completed. He also wanted to make sure the look entering Rosemount heading south on South Robert Trail is a pleasant one. Michael Ferris, Evermoor Homeowners Board Member, 13279 Derryglen Court, his biggest concern is the name of the development, may cause confusion to visitors. Emergency vehicles may not know the difference between the two neighborhoods. Shawn Pedri, Evermoor Master Association President, 13173 Drumcliffe Way, stated that there are 15 sub associations, with about 1,100 homes within the Evermoor neighborhood. These associations spend lots of money protecting the neighborhood and would ask that the developer change the name of the development to help preserve the neighborhood and name. Andy Powell, 13494 Carbury Avenue, is concerned about the lack of vegetation behind lot 39. He feels there is no need to remove vegetation in that area. Lisa Larsen, 13334 Carlingford Lane, stated her house backs new development. Her main issue is safety, and the excess traffic on 134 street. She stated currently it is a safe place for kids to play on the street, th with the extra traffic it would not be safe for children to play in the street as they do now. She also expressed the need for a stop sign at the intersection of Carlingford Lane and 134Street. She believes th that the way to solve this safety issue is to find a way to connect Dodd Boulevard on the south side of the proposed development. Safety of children is more important than keeping a few trees. Traffic has increased traffic on Hwy 3, which means traffic will go through Glendalough to avoid traffic. Steve Campen, 13412 Coachford Avenue, expressed concern and disappointment about the increase in through traffic the new development will bring into his neighborhood. He also feels that safe neighborhood streets should be more important than removal of trees. He also expressed his concern that the signs on the private parks will be ignored. He is in favor of the addition of a park for proposed development. Randy Kaiser 12919 Bolivia Avenue, doesn’t think there is a need to jump into approving this development when Rosemount has so many other developments in progress. He thinks we should slow down and not develop this land until there is demand. He is concerned if there is another drop in the economy there will be roads servicing a small number of homes and would be a waste of city resources. Alan Glynn 13373 Carlingford Lane, stated his main concern is safety as well. He is glad townhouses are not being proposed. PLANNING COMMISSION REGULAR MEETING MINUTES May 26, 2015 PAGE 4 MOTION by Kenninger to close the public hearing. Second by Henrie. Ayes: 6. Nays: 0. Motion Passes. The public hearing was closed at 7:53 pm. Additional Comments: Planner Zweber first addressed the drainage issue, current info shows that all areas developed will flow east, in southern part it is planned to flow northeast, but where the existing trees are protected, the water will continue flow to the west as it does today. The final plat will look at the grades around each house and emergency overflow needs. Zweber also addressed Mr. Powell’s concerns about the tree removal in the southwest corner of the development, stating that Condition F was added to address this concern by requiring the vegetation be preserved where grading does not occur. Zweber also addressed comments on keeping density as is; it is stated in the Comprehensive Plan, to meet the 3+ units per acre requirement. As for the name concerns, the developer has stated that he would take suggestions for a new name. There is nothing in the City Code regulations relating to the naming of a subdivision. He also noted that the name on the plat doesn’t have to be the same as the name of the development. Zweber stated that 134 Street within Glendalough is a public street and was constructed to be a public th street, its annual maintenance is provided the City using general funds and that 134 Street is not a th private association street. Has been reviewed the reviewed the three times (during the concept plan, preliminary plat and final plat) that the City Council approved 134 Street and that it was determined as th a through street between the two neighborhoods. He stated that there is nothing substandard regarding the Glendalough streets. The City Engineer will review the need for a stop sign on 134 Street and th Carlingford Lane. There is no ability for City to enforce keeping people out of private parks and that the regional trail will give access to parks. The Police Chief is opposed to deviating from the 8% road grade for safety reasons. Commissioner Kenninger inquired about the housing demands within Rosemount. Zweber stated that with plans approved this year there will be about 250 lots available. Rosemount is currently building over 100 units per year, which would be enough lots to get us through 2016. There is no excess of housing in Rosemount. A meeting was held with City Council recently to discuss the lack of developable land, some of which is due to owners unwilling to sell. Commissioner Henrie inquired if it is possible to stay at 8% grading with a different plan. Zweber stated it would be possible with a completely different plan. If Dodd Boulevard were connected, a corridor of about 80 feet worth of trees would need to be removed for the road itself. Commissioner Freeman inquired if moving the Dodd Boulevard connection directly into the cul-de-sac would be an option. Zweber stated that it would not because the curve would be too great. PLANNING COMMISSION REGULAR MEETING MINUTES May 26, 2015 PAGE 5 Chair Miller stated he will be voting to deny the due to lack of park, also not fair for homeowners to pay extra money to preserve their neighborhood and amenities. He feels there is a need to connect Dodd Boulevard. He also feels standards on the front facade of the houses should be preserved to match with the connecting Glendalough neighborhood. Commissioner Forester also stated he will not be voting in favor due to the lack of connectivity to Connemara Trail. The Comprehensive Plan shows a connection to Dodd Boulevard and feels we should follow that plan. Commissioner Freeman is also concerned about the lack of a park in the plan and feels we should follow the Park & Recreation Commission’s recommendation to add a pocket park within neighborhood. Planner Zweber stated that there are more choices than simply approving or denying, but that conditions can be added to the approval to address the Commissioners’ concerns. Different Commissions have different roles, and that denying the subdivision based on a Parks Commission recommendation is outside the Planning Commission’s jurisdiction and is not recommended. Commissioner Henrie asked that the developer be allowed to speak. Greg , Copper Creek Development, LLC, reiterated that 134 Street was extended onto Raak’s Schweich th property. The pond is a regional pond for Harmony, stormwater for MnDOT, and storm water on 132 nd Street. Currently Harmony’s emergency overflow is discharging onto private property. The development will address storm water management for the whole area. To connect Dodd Boulevard is not a feasible option; a cul-de-sac is a nice amenity. He doesn’t think the name of the development should be a condition of approval. Chair Miller inquired if adding a park was acceptable and Mr. Schweich stated he is open to adding a park. The Park & Recreation Commission determined that it would be a City park that would service this neighborhood, so no Homeowner’s Association (HOA) would be needed. But he went on to state that his other neighborhoods had a HOA developed for garbage pickup to reduce traffic in the neighborhood and maintain streets. Schweich also stated he wants to make it a nice neighborhood and the connection of Dodd Boulevard will deviate from that intent. Commissioner Forester inquired why there is a deviation from what is shown on the Comprehensive Plan shows the connection was expected to connect Dodd Boulevard. Zweber stated that there is a pipe line north of Dodd Boulevard that grade can’t be changed. The grade wasn’t determined by townhouse development, it was preexisting and why the former Dodd Boulevard was placed to the west of the development because of the varying elevation in the area. Forester wants to know how connecting Dodd Boulevard affect density and wants to see the proof behind not being able to keep the grading at 8% or less. PLANNING COMMISSION REGULAR MEETING MINUTES May 26, 2015 PAGE 6 Commissioner Kenninger confirmed that the Comprehensive Plan states the density was expected to be 3-5 units per acre, but current plan shows just over 3 units per acre. Commissioner Henrie understands the legality of the naming of Evermoor Place and wonders what would need to be done to change the name. Schweich stated he is open to a name change. Commissioner Forster inquired if an HOA is implemented would a monument sign be installed. Zweber stated that there is no requirement for a monument. Commissioner Kenninger wondered if there is an option to table this for further discussion. Zweber stated that the Commission could table the proposal. Chair Miller stated his concerns are the lack of a park and transportation connectivity. He asked Schweich if he would be able to come back and provide an option that showed the changes if the connection to Dodd Boulevard was made. Schweich stated he was unsure at this time. Commissioner VanderWiel stated she is strongly opposed to the connectivity of Dodd Boulevard as it would destroy the woods and the quality of life would be diminished. There are ways to slow traffic through signage instead of connecting Dodd Boulevard. Commissioner Kenninger agrees with VanderWiel that it shouldn’t be a condition of approval. She also stated that she is concerned about the lack of a park but isn’t sure that 90 homes defines a need for a park. Kenninger stated that small park might be a plausible solution. Preliminary Plat Recommendation: 1.Motion by Forester to recommend the City Council approve the Preliminary Plat for Evermoor Place, subject to conditions: a.Approval of a Major Planned Unit Development rezoning the subject property and designating minimum lot requirements and setbacks. b.Along the property line of Lots 33 and 34, Block 1, construct a five (5) foot wide sidewalk that connects the regional trail along South Robert Trail with the sidewalk proposed within the cul-de-sac of Road A. The sidewalk shall be constructed to ADA standards and the developer shall dedicate a 15 foot wide trail easement to the City. c.Construct a trail to connect the existing Glendalough trail at the western property line of Lot 1, Block 3 to connect with regional trail to be constructed in the right-of-way northeast of Lot 1, Block 3. The developer shall dedicate a 15 foot wide trail easement across the northern portion of Lot 1, Block 3 to the City. d.Dedicate a 30 foot wide trail easement over the regional trail corridor to the City. e.Driveways shall not access onto 132 Street, 134 Street or South Robert Trail. ndth f.Vegetation removal shall be limited to the areas that are required to be mass graded. Trees shall not be removed by the developer from areas in which the grades are not changed. g.The stormwater and ponding calculation cannot be approved with the limited information required during Preliminary Plat review. The stormwater and ponding PLANNING COMMISSION REGULAR MEETING MINUTES May 26, 2015 PAGE 7 calculations will be reviewed and approved with the Final Plat and final design. If addition ponding area is required with the final pond design and approval, then the number of lots within the subdivision will need to be reduced accordingly. Additional deviations from the City Code within the Planned Unit Development will not be considered due to an increased ponding area. h.Conformance with all requirements of the City Engineer as detailed in the attached memorandum dated May 19, 2015. i.Conformance with all requirements of the Parks and Recreation Director as detailed in the attached memorandum dated May 20, 2015. j.Construct a connection to Dodd Road on the southern side of the proposed development. Second by Miller Commissioner Freeman requested a friendly amendment to require a mini-park. Commissioner Forster denied the friendly amendment. Ayes: 2, Freeman and Forester Nays: 4, Henrie, Miller, Kenninger, And VanderWiel Motion fails. Motion by Freeman to recommend the City Council approve the Preliminary Plat for Evermoor Place, subject to conditions: k.Approval of a Major Planned Unit Development rezoning the subject property and designating minimum lot requirements and setbacks. l.Along the property line of Lots 33 and 34, Block 1, construct a five (5) foot wide sidewalk that connects the regional trail along South Robert Trail with the sidewalk proposed within the cul-de-sac of Road A. The sidewalk shall be constructed to ADA standards and the developer shall dedicate a 15 foot wide trail easement to the City. m.Construct a trail to connect the existing Glendalough trail at the western property line of Lot 1, Block 3 to connect with regional trail to be constructed in the right-of-way northeast of Lot 1, Block 3. The developer shall dedicate a 15 foot wide trail easement across the northern portion of Lot 1, Block 3 to the City. n.Dedicate a 30 foot wide trail easement over the regional trail corridor to the City. o.Driveways shall not access onto 132 Street, 134 Street or South Robert Trail. ndth p.Vegetation removal shall be limited to the areas that are required to be mass graded. Trees shall not be removed by the developer from areas in which the grades are not changed. q.The stormwater and ponding calculation cannot be approved with the limited information required during Preliminary Plat review. The stormwater and ponding calculations will be reviewed and approved with the Final Plat and final design. If addition ponding area is required with the final pond design and approval, then the number of lots within the subdivision will need to be reduced accordingly. Additional deviations from the City Code within the Planned Unit Development will not be considered due to an increased ponding area. r.Conformance with all requirements of the City Engineer as detailed in the attached memorandum dated May 19, 2015. s.Conformance with all requirements of the Parks and Recreation Director as detailed in PLANNING COMMISSION REGULAR MEETING MINUTES May 26, 2015 PAGE 8 the attached memorandum dated May 20, 2015. t.Conformance with Park and Recreation Commission recommendation to add a Pocket Park. Second by Forester Chair Miller requested a friendly amendment to add the requirement of the Dodd Boulevard connection. Commissioner Freeman agreed to add Condition U. requiring the connection. u.Construct a connection to Dodd Boulevard on the southern side of the proposed development. Ayes: 3; Freeman, Forster, Miller and Nays: 3; Henrie, Kenninger, VanderWiel Tie vote. Senior Planner Zweber stated that the Planning Commission can forward tie votes to the City Council and no further votes on the Preliminary Plat are required. Planned Unit Development (PUD) Recommendation: Commissioner Kenninger inquired if the PUD motion is where the Commission would address the design elements. Zweber confirmed if changes are recommended, then Condition A. could be amended. He stated that if the stone facing is required for all homes, then that would need to be a separate condition. 2.Motion by Miller to recommend the City Council approve the Planned Unit Development Master Development Plan with the Rezoning of the property from RR – Rural Residential to R1 PUD – Low Density Residential Planned Unit Development, subject to conditions: a.The front elevation design shall include one of the following elements: i.Three and a half (3.5) feet of brick or stone wainscoting, excluding doors, windows or the wall behind the front porch; i. A front porch with railing that extends at least 30% of the width of the front elevation, including the garage; ii.A side entry garage; iii.No more than 70% lap siding, excluding doors and windows. b.A deviation from City Code Section 11-2-15 F. so that the home designs do not need to include an option for a three-car garage stall. c.A deviation from City Code Section 11-4-5 F.1. to reduce the interior lot minimum area of 10,000 to 7,000 square feet and corner lot minimum area from 12,000 to 8,750 square feet. d.A deviation from City Code Section 11-4-5 F.2. to reduce the minimum lot width to sixty (60) feet for interior and seventy seven and one half (77.5) feet for corner lots. e.A deviation from City Code Section 11-4-5 F.4. to reduce the front yard setback to twenty five (25) feet for Blocks 1 and 3; and to twenty feet (20) feet for Block 2. f.A deviation from City Code Section 11-4-5 F.5. to reduce the side yard setback to seven and one half (7.5) feet. g.A deviation from City Code Section 11-4-5 F.9. to increase the maximum lot coverage to PLANNING COMMISSION REGULAR MEETING MINUTES May 26, 2015 PAGE 9 forty five percent (45%) for lots less than 8,250 square feet; to forty percent (40%) for lots between 8,250 square feet and 9,750 square feet in size and thirty five percent (35%) for lots between 9,750 square feet and 11,250 square feet. h.A deviation from City Code Section 11-5-2 C. 6. b. removing the requirement of increased setbacks from minor arterial highways. i.A deviation from City Code Section 12-3-1 K. to allow for a cul-de-sac up to 850 feet in length. j.Conformance with all requirements of the City Engineer as detailed in the attached memorandum dated May 19, 2015. k.Conformance with all requirements of the Parks and Recreation Director as detailed in the attached memorandum dated May 20, 2015. l.The front elevation design shall include three and a half (3.5) feet of brick or stone wainscoting, excluding doors, windows or the wall behind the front porch. Second by Kenninger Ayes: 6 Nays: 0 Motion approved. Planner Zweber noted that this is tentatively scheduled to go before City Council June 16, but that the developer may need more time to address the additional requirements. The City Council will be provided with both the original plat as well as the plat showing the recommendations of the Planning Commission. Planning Commission will not see the preliminary plat again but will see the final plat and how it meets The City Council’s preliminary plat approval. 5.b. Request by The City of Rosemount for a Text Amendment Related to Fence Standards (15- 18-TA) Planner Lindahl summarized his report for the Planning Commission. Commissioner Kenninger inquired about past practice. Planner Lindahl said that given the number of requests for fences higher than 42 inches variances aren’t the proper tool to address this issue. He also stated that he can only think of one fence variance that was approved in his tenure, but that was in relation to a pool. Staff feels this is a good compromise. Staff felt that a text amendment is a better route to take than granting multiple variances. Commissioner Henrie inquired why is this recommendation was coming forward now. Lindahl stated that this is a common challenge for staff; there have been a handful of requests since fall of 2014. Not one incident but a history across a number of years. Henrie also inquired what would happen to those who already built a fence. Lindahl stated if they wish to rebuild they can. Any nonconforming fence would become conforming, there is no requirement to reconstruct to a higher fence. Commissioner Kenninger also inquired about how the orientation of the fence panels will be addressed. Lindahl states the amendment requires finished side face out toward the neighboring property or right-of- way. Any fences currently not meeting this requirement would be grandfathered in. They will be able to maintain, repair, or replace the existing fence, but couldn’t expand it without meeting the new standards. Commissioner Freeman confirmed that the fence orientation change would apply to all fence types, i.e. panels, chain-link. Mr. Lindahl stated that is correct. PLANNING COMMISSION REGULAR MEETING MINUTES May 26, 2015 PAGE 10 Commissioner Forster inquired when the change would take effect. Lindahl stated it is the same as other amendments, which would be upon the publishing date. There is roughly a 9 day waiting period due to publishing timeline of the paper. The public hearing was opened at 8:59 pm. Public comments: None MOTION by Kenninger to close the public hearing. Second by Henrie. Ayes: 7. Nays: 0. Motion Passes. Public Hearing closed at 9:00 pm Additional Comments: None Motion by Kenninger to recommend the City Council approve a zoning ordinance text amendment revising fence height and orientation standards. Second by Henrie. Ayes: 7 Nays: 0 Motion approved. Old Business: None New Business: None Reports: 8.a. Report on Auto Related Uses Open House Planner Lindahl gave a brief review of the open house. There was one attendant, Medicar, they are located in the downtown district so none of the changes would affect them. They were in general support, they like the option to be able to expand if they choose to move. Cha’s Auto also commented and felt the same as Medicar. Staff expects comments from Murgics and Goodyear. This is scheduled to be on the June Planning Commission meeting. Tables in packet summarized the proposed changes. Adjournment: There being no further business to come before this Commission, Chairperson Miller adjourned the meeting at 9:06 p.m. Respectfully submitted, Amy Roudebush, Recording Secretary