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05-28-08 PC Minutes Regular Meeting of the Golden Valley Planning Commission May 28, 2008 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Wednesday, May 28,2008. Chair Keysser called the meeting to order at 7 pm. Those present were Planning Commissioners Cera, Eck, Keysser, Kluchka, McCarty (left at 7:50 pm), Schmidgall and Waldhauser. Also present was Director of Planning and Development Mark Grimes and Administrative Assistant Lisa Wittman. 1. Approval of Minutes April 28, 2008 R~gular Planning Commission Meeting McCarty referred to the second paragraph on page one and noted that first "and" needed to be removed from the first sentence. MOVED by Eck, seconded by McCarty and motion carried unanimously to approve the April 28,2008 minutes with the above noted correction. 2. Informal Public Hearing - Minor Subdivision - Lots 11 &12, Block 3, Glen Urban Addition - SU09-13 Applicant: DiGiacomo Homes Address: Lots 11 & 12, Block 3, Glen Urban Addition Purpose: The subdivision would create three separate lots to allow for the construction of three new homes Grimes stated that the applicant is requesting to do a minor subdivision of Lots 11 and 12, Glen Urban 2nd Addition. The minor subdivision would re-subdivide the existing two lots into three new lots to allow for the construction of three single-family homes. He stated that the proposed three lots will each exceed the minimum lot size requirements of 10,000 square feet. Lot "A" will be 13,914 square feet, Lot "B" will be 10,260 square feet and Lot "C" will be 11,569 square feet. Grimes stated that he has had discussions with the applicant about the recently adopted single-family zoning code changes regarding infill development so the applicant is aware of the new requirements. Grimes referred to his memo dated May 22, 2008 and discussed the nine factors for consideration and approval. He explained that the City Engineer has stated in his staff report that the owner of the lots will be required to submit a grading and erosion control plan for each of the lots prior to construction. Grimes added thatthere has also been a Minutes of Golden Valley Planning Commission May 28,2008 Page 2 suggestion by Public Works staff that a drainage study done for this area in the past be updated to include these proposed new lots to make sure that there is adequate storm water capacity. Keysser stated that he has been told by people in the neighborhood that the area does flood a couple times a year. Grimes said that it is his understanding that on occasion water has had to have been pumped out of the area. He stated that staff feels with proper grading plans there should be enough capacity in the system for these proposed new lots. Keysser asked about installing rain gardens. Grimes said the developer could address the issue of rain gardens. He added that rain gardens would probably be considered as a part of the individual grading and drainage plans for the homes. He noted that there was a large house removed from Lot 13 that also had a swimming pool so the overall hard surface area probably won't be significantly changed after these proposed new homes are built. Eck referred to proposed Lot "8", the middle lot, and asked if the 12.5 foot setback meets the requirements. Grimes said that it depends on the height of the house. If the house is more than 15 feet in height then the side yard setbacks will need to be increased. Eck said he is concerned about the homes being able to meet the setback requirements. Grimes explained that the Planning Commission is not approving the homes as a part of this subdivision proposal. The plans just show the building envelope and the possible size and scale of the proposed homes. He added that he wants to make it clear that the style and character of the potential homes could change from those shown on plans submitted by the developer with the minor subdivision application Cera asked if the grade of the lots will be set as a part of the subdivision agreement. Grimes said yes. The grade of the lots will be set in the subdivision agreement approved by the City Council at the time of final plat approval. Kluchka asked about the impact the proposed new houses will have on the existing pond. Grimes stated that based on the information submitted there will not be an adverse effect on the pond but staff is requiring that the existing drainage study be updated just to be certain. Kluchka asked if the run-off from these homes will go into the pond or if the drainage issues are a street issue. Grimes stated that the drainage study will show if there is enough capacity in the pond. Rocky DiGiacomo, Applicant, stated that the former home located at 229 Janalyn Circle straddled the property line between proposed Lot "A" and Lot 13. He explained that the impervious surface area of the proposed new homes on the three new lots will be fairly similar in comparison to the former house at 229 Janalyn Circle and the existing home at 4108 Glencrest. He added that the run-off from the new homes will be more evenly distributed than before and he would like to create a rain garden in the low point on Lot "A" to help with water in the low area. Keysser asked if the existing newly built home on Lot 13 just to the east of Lot "A" is sold. DiGiacomo said yes. Keysser asked the applicant if he has buyers for the proposed three new homes. DiGiacomo said no. He stated that there is a strong resurgence of people Minutes of Golden Valley Planning Commission May 28, 2008 Page 3 who want to move back to this area and that these lots will be developed by him or by someone else. He added that he is working hard not to diminish the quality or character of the neighborhood. Keysser asked about the style of the proposed new homes. DiGiacomo said he is most comfortable building the arts and crafts style of home. Keysser asked the applicant if he will be the builder of the homes on the three proposed lots. DiGiacomo said yes. Keysser opened the public hearing. Jeff Nordstrom, 232 Janalyn Circle, stated that there has been a lot of talk about the pond being an issue or not and there is clearly an issue of how much more water the pond can hold. He stated that water comes back through the pipes and backs-up on people's property and the City has to pump it out. He said the issue needs to be addressed because it is not getting better. Marcia Cushmore, 4300 Glencrest Road, read a letter from Mike Schock and Leslie Baken at 4316 Glencrest Road. The letter stated that they are concerned about Mr. DiGiacomo's claims that he is committed to ecologically influenced home construction yet his web page is void of references to the floral ecological footprint created by his construction. They stated that one of the preeminent ecological elements of North Tyrol is the healthy and long lived oak forest. They stated that they do not argue with the right of private developers to create upgraded living space in their neighborhood however they believe that the evidence strongly suggests that the current developer thinks of ecology on a single dimension, that of the building he constructs. They attached photos of the applicant's recent work and noted that is void of any pre existing trees and the landscaping is young and offers little shade and water uptake. They noted that many of the trees on or near the property at 301 Janalyn Circle are nearly a century old and any plan to build multiple new homes on and around the oak forest is na'ive. They stated they are concerned about destroying many of the adjacent trees and added that the ecological and economic costs of losing a dozen centenarian oak trees far outweighs the gain from even the most energy efficient construction possible. They said they understand that the Planning Commission must be fair to both the developer and neighborhood and urged the City to require significant guarantees that the developer would build without harming both the conifer stand and the oak grove surrounding 301 Janalyn Circle. Gene Hollister, 240 Janalyn Circle, said his main concerns are the pond and the run-off because there are water problems during heavy rains. He said during a heavy rain his neighbor's back yard becomes a pond and the water goes onto his driveway and he's had to put in "speed bumps" at the end of his driveway to help divert the water. He said he believes there is going to be a lot of trees lost and there is not enough slope on the street to direct the water to the pond. Ryan Urness, 308 Janalyn Circle, said the corner of Glencrest Road and Janalyn Circle is a relatively high point. He said his biggest concern is that he is not sure these proposed new lots will be saleable given their size and elevation. He added that he does not want a dirt pile sitting across the street from him waiting for a home to be built. Minutes of Golden Valley Planning Commission May 28, 2008 Page 4 Judy Stinson, 4308 Glencrest, said her neighborhood is in the "old forest" section of Golden Valley with dozens of mature oaks, maples, elms and numerous other trees and shrubs. She said most families in her neighborhood are long-term residents who live there because of the exceptional beauty and environment. She stated that it is important to consider that a heavily wooded old forest environment is very different from a typical city or single home area that has widely spaced trees. She stated that oaks are the most vulnerable to construction related damage and most of the neighborhood oaks stand 50- 70 feet tall with 20-30 inch diameter trunks. Their canopies typically span 60 to 80 feet and are all root connected to a distance of 150 to 200 feet. She stated that the proposed subdivision and construction threatens the health of their oak trees and exposes them to oak wilt and other insect and disease problems. She referred to a University of Minnesota publication regarding protecting trees from construction damage and explained that it describes the prevention of damage to root systems by providing a formula for arriving at the protected root zone as well as the impact of construction activities. She added that the guide also states that the occurrence of oak wilt is four times more likely within 160 feet of a construction site. She referred to Lot "C", the eastern most lot in the subdivision proposal, and said she is concerned about the proposed new location of the driveway because within a few feet of that driveway there are six mature oaks, two pine trees and others. These trees would likely not be able to survive the excavation and soil compaction associated with new construction and any tree removal would cause extensive damage and risks to the root systems of the neighboring root-connected trees. She suggested the proposed new home on this lot be built in the same footprint as the existing home with the driveway remaining in its current location so that no new excavation would be done. She referred to Lot "B", the middle lot, and said it has the added complication of being even more heavily wooded and of being positioned on a steep grade. She stated that construction on this lot would involve considerable leveling of the site and changes in site grade increasing the risks associated with soil compaction and changes to water run-off and sunlight. She said that her comments are not intended as criticism against any particular developer because it would not be possible for any developer to undertake the proposed development without cutting into the root systems of the neighborhood's oak trees. She said she understands that a property owner has the right within certain guidelines to do what they want with their property but the guidelines for redevelopment of "virgin forest" land should be very different from those established for development of city land where deforestation is not an issue. She said she believed that the long-term interests of the existing homeowners should outweigh the short-term interests of developers and that developers do not have the right to damage her trees or place them at risk. Paul Denecke, 228 Janalyn Circle, stated that up until 5 or 6 years ago the neighborhood had a constant water problem and after a heavy rain he would have water on his lawn and the water would back-up on the streets. He said he is concerned about having enough storm sewers to handle the water. Bobbie Connor, 244 Janalyn Circle, showed the Commissioners a list of addresses in the area that have multiple oak trees. She said she counted 85 oak trees in yards of just 12 properties on Janalyn Circle so she hopes that there will be a great effort to protect these trees. She referred to a Penn State study regarding reducing the life of trees and stated Minutes of Golden Valley Planning Commission May 28,2008 Page 5 that three poor decisions and misconceptions are: 1) trees are elastic enough to adapt to abrupt changes, 2) our actions in and around trees do not obviously and immediately impact the trees and 3) the trees have been there for years so nothing will affect them. She discussed how changes in grade and soil compaction affect the trees. She added that the grade for the new home that was recently built by the applicant was changed considerably and she thinks it is important to measure the grade where the new houses are being proposed to see how significant the grade change will be. Rich Baker, 224 Janalyn Circle, commended the applicant's efforts to build "green" houses. He referred to the drainage issues and stated that the design of the pond is built to hold water well above the low point in the road. He said the City put a siphon in the pond in order to hook up a fire truck and pump the water into Wirth Lake. He said there are significant problems that aren't going to be solved with a rain garden and he is going to be looking for significant on-site storage if this subdivision is approved. He added that there are going to be changes in permeability, compaction, erosion and nutrient run-off with the addition of these proposed houses. He stated that he agrees with the applicant's desire to preserve architectural style diversity but the three homes the applicant has built in their neighborhood all look very similar with big roofs that face the road and he does not want to see four of these same houses in a row. He said he hopes the applicant does a better job of trash control than he has done with the current home being constructed. He added that the tree preservation is important and the City's tree preservation ordinance is inadequate and should be improved upon because it is the large oak trees that make this neighborhood unique. Rachel Rosen, 401 Janalyn Circle, stated that the selling point of their house was the gorgeous trees. She said the thought of losing or damaging the trees is heartbreaking and asked that the tree issues be taken seriously. Helga Theilen, 400 Janalyn Circle, said she supports the ideas that have been presented by her neighbors. She said her concern is not only the loss of trees but the loss of space by the proposed lot sizes. She stated that the proposed lots only slightly exceed the minimum lot size requirements and she'd prefer this subdivision not go through because it will cause significant changes to their neighborhood. Bridget Burke, 4223 Glencrest, said that one reason she was attracted to this neighborhood is the character of the homes, the trees and the lot sizes. She said she is renovating her home and has worked hard to keep the architectural character of the neighborhood. She supports the concern over the oak trees and said she doesn't agree that the proposed homes are in character with the Tyrol Hills style of homes. Mary Adair, 505 Janalyn Circle, said she wonders how the applicant is going to build on the proposed lots without changing everything. She stated that there is a large red or white pine on one of the lots that she is concerned about losing. She said she would support not building on the middle lot but just building on the two end lots. Ralph Jacobson, 516 Parkview Terrace, said a couple of years ago Dave Allen put up two houses next to his. Trees were taken down and he was assured new trees would be put Minutes of Golden Valley Planning Commission May 28, 2008 Page 6 in and of course they weren't. He said he is concerned that the developer for this project won't be sensitive to the tree issues. Hazel Belvo, 4300 Glencrest, said aesthetics are her main concern. She said they are a neighborhood of distinctly different homes and designs which gives a distinct character. She said the new house recently built at 4108 Glencrest is out of character and out of scale for the neighborhood. She referred to the applicant's brochure and noted that it shows a image of a very warm home but what was actually built is nothing like the image in the brochure. Marcia Cushmore, 4300 Glencrest, said that the neighborhood is a wonderful place to raise kids and the Planning Commission has heard how much they love their trees. She said when she saw the new house being built at 4108 Glencrest she was in a state of shock and sick. She said she thinks it's cold, unaesthetic and doesn't respect the neighbors or the surroundings. She said she is concerned about vacant lots being in the neighborhood for long periods of time. She said that the builder may be a "green" builder but "green" builders build around existing trees. She noted that the applicant has stated that he doesn't want to diminish their neighborhood but he has and she hopes the City understands how deeply she cares about the ecology of the world today. Seeing and hearing no one else wishing to comment, Keysser closed the public hearing. DiGiacomo said he respects the fact that so many people have come forward and care about their neighborhood. He reiterated that the total hard cover of the proposed new lots is not that dissimilar to what was previously there and a drainage plan for every lot will probably help the existing drainage issues. He addressed the concerns about the trees and noted that there are four oak trees on Lot "C" and none of them will be impacted. He explained that the proposed new home on Lot "C" will sit roughly in the same place as the home sitting there currently. He said the existing home is non-conforming because it is too close to the front yard property line and the home he is proposing will meet the setback requirements. Keysser asked the applicant if it would work for him to build the new home on Lot "C" in the exact same location as the existing home. DiGiacomo said he would prefer to build the new home in the same location as the existing house but he would require a variance to do so. Grimes stated that the location of the homes is not dealt with as a part of the subdivision proposal. The applicant would have to go to the Board of Zoning Appeals if he needed a variance and he is not sure what the hardship would be. DiGiacomo explained that Lot "B" is the most heavily wooded lot. It has two large elm trees which will survive, but it is mostly buckthorn and boxelder that should be removed. He added that no large trees on Lot "A" will be impacted. Grimes reiterated that each lot will be required to have a tree preservation plan and the City's Environmental Coordinator will suggest protection measures for the trees at the time of construction. Minutes of Golden Valley Planning Commission May 28, 2008 Page 7 Cera asked about the repercussions if the trees are removed before the lots are sold. Grimes said it would be a violation of City Code. He explained that once an applicant has gone through the subdivision process only a certain percentage of the trees can be removed without there being a large penalty. He added that most developers are interested in preserving good trees because they are valuable to the lots. Keysser asked if there is an escrow account required in case the tree preservations plans are not followed through. Grimes stated that there is an inventory done and reiterated that only a certain percentage of the trees can be removed. DiGiacomo stated that there is an escrow account required. He said that he appreciates the oak trees as much as anybody and they are valuable. Eck questioned one of the neighbors comments regarding a large red or white pine located on one of the lots. DiGiacomo said he thinks the tree referred to is located on Lot "A" and stated that the larger pines will remain. Cera asked if the City owns the pond on Janalyn Circle. Grimes said yes and explained that the updated drainage study will hopefully show that there is enough capacity in the pond. Keysser asked if the Planning Commission can recommend that additional storm water capacity be required if needed. Grimes said yes and reiterated that the City Engineer thinks there will be enough capacity for these new homes because the amount of hard surface area will not be substantially increased. He added that staff believes that the proposed development can occur with no negative impacts to adjoining properties. Waldhauser said she gets the sense that some mitigation has been done by the City regarding drainage and that the drainage issues in this area are pre-existing and not being caused by these proposed new homes; the neighbors just want the City to fix the problems. Keysser said he thinks there might be a minor exacerbation in the drainage issues as a result of this proposed subdivision. He suggested they install a pond on Lot "A". Waldhauser said they can't expect this development to solve the existing drainage problems. Schmidgall questioned an earlier comment about there being four homes where there are currently two. Grimes explained that this subdivision proposal takes two existing lots and divides it into three but there is an adjacent property that the applicant has also built a home on so there will be four new homes in the immediate area. Cera said he likes the idea of requiring a pond or rain garden on Lot "A". Grimes said the Planning Commission could add a recommendation about maintaining the oak trees and making sure the roots aren't damaged. Keysser clarified the possible conditions of approval they've discussed as follows: 1) requiring an update of the existing drainage study, 2) requiring a drainage pond onain garden, 3) requiring special effort to maintain the oak trees and jf possible move the Minutes of Golden Valley Planning Commission May 28, 2008 Page 8 location of the proposed new house on Lot "C" to be in the same location of the existing house on Lot "C". Grimes stated that the Planning Commission could also suggest that the Board of Zoning Appeals consider the trees as a hardship in this case in order to keep the location of the proposed new house in the same spot on Lot "C". Kluchka said that part of the value of the trees is the fact that they are probably already acting as a rain garden and that removing the existing trees will have an impact on the drainage as well. He said he is concerned enough to deny the application because he feels there is not adequate capacity and drainage as the subdivision regulations require. Grimes suggested submitting the tree preservation plans to the engineer that will be updating the drainage study to determine if the removal of the trees will impact the drainage. Kluchka asked if the City would be able to address the capacity issue in the pond. Grimes stated that if the study indicates that the storm water capacity in the pond needs to be increased it would likely be done through a City project. He explained that the City's systems are built to certain standards but they can not be built to accommodate 100 year flood events. Kluchka said he doesn't have reason to believe that a rain garden will help with the capacity issues. Schmidgall asked how often water is pumped out of the area. Grimes guessed a couple times per year. Rich Baker, 224 Janayn Circle, stated that in the 10 years he's lived in this neighborhood the City has had to pump water out twice. Veryle Logan, 301 Janalyn Circle, stated that the City's Environmental Coordinator has told her that the buckthorn and boxelder should be removed from these lots. Eck said he is disappointed that the Planning Commission doesn't have a report from the Environmental Coordinator regarding the trees in the area. Keysser suggested tabling this subdivision request in order to review the updated drainage study and to also get a report from the Environmental Coordinator. Kluchka stated that the Planning Commission's guidelines are to look at the subdivision and the drainage. He questioned if the trees are something the Planning Commission can consider as part of a subdivision request. Eck said he thinks the trees are a significant enough matter that they should be addressed by the Environmental Coordinator. Keysser suggested again that they table this request in order to get an update on the drainage report and a report from the Environmental Coordinator regarding the trees. MOVED by Kluchka, seconded by Eck and motion carried unanimously to table this subdivision requestto the June 9, 2008 Planning Commission meeting in order to get an updated drainage study and tree preservation report. ---Short Recess--- Minutes of Golden Valley Planning Commission May 28,2008 Page 9 3. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and otlier Meetings Kluchka reported on the May 20,2008 City Council meeting where they approved the 1-394 Corridor zoning district ordinance with minor changes. Keysser said he would like AI Lundstrom, Environmental Coordinator, to come to a Planning Commission meeting and discuss the City's tree preservation requirements. Grimes said he would ask Mr. Lundstrom to come to the June 9,2008 Planning Commission meeting. 4. Other Business MNPASS 1-394 Phase" Planning Study - Comprehensive Plan Addition Grimes stated that staff is recommending that the MNPASS Study done by the Center for changing Landscapes at the University of Minnesota be added as a link to the City's updated Comprehensive Plan. The Commissioners agreed that a link to the U of M study would be fine and that the study does not need to be a chapter in the City's Comprehensive Plan. Kluchka asked for an update on the homes partially constructed on Medicine Lake and Douglas Drive. Grimes said that the City recently did some more securing of the houses and has been in contact with the bank that owns the property about being a hazardous building. Eck asked about the former restaurant site at TH 55 and Douglas. Grimes said the City has also been talking to the owner of that property regarding it being declared a hazardous building. 5. Adjournment The meeting was adjourned at 9:15 pm.