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07-22-13 PC Minutes Regular Meeting of the Golden Valley Planning Commission July 22, 2�13 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 Monday, July 22, 2013. Chair Kluchka called the meeting to order at 7 pm. Those present were Planning Commissioners Baker, Boudreau-Landis, Kluchka, Segelbaum and Waldhauser. Also present was City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. Commissioners Cera and McCarty were absent. 1. Approval of Minutes July 8, 2013 Regular Planning Commission Meeting Boudreau-Landis stated that Commissioner Baker should be added to the list of those present. Waldhauser referred to the last sentence on page four and stated that she would like it to be reworded as follows: "Waldhauser added that if the system is taller, it would likely have to be structurally stronger..." 2. Informal Public Hearing — Property Rezoning — 7901 23rd Avenue North — Z019-06 Applicant: Sahan Singh and Swarn Singh Address: 7901 23�d Avenue North Purpose: To rezone the properties from Single Family Residential (R-1) to Moderate Density Residential (R-2) in order to construct a twin home 3. Informal Public Hearing — Minor Subdivision — 7901 23�d Avenue North — Chawla Estates — SU19-05 Applicant: Sohan Singh and Swarn Singh Address: 7901 23�d Avenue North Purpose: The proposed subdivision would create two parcels with a "zero lot line" to allow for the construction of a twin home Items 2 and 3 were discussed together. Hogeboom referred to a map of the subject the property and stated that it is currently zoned Single Family Residential (R-1) and guided Low Density Residential on the Comprehensive Land Use Plan Map which includes properties that are zoned R-1 or R-2. Minutes of the Golden Valley Planning Commission July 22, 2013 Page 2 He explained that the property is 14,288 square feet in size and has been historieally vacant. Hogeboom explained the applicant's request to construct a twin home, the front of which would face 23rd Avenue North. To accomplish this, the property must be rezoned from R- 1 to R-2. The applicant is also requesting to subdivide the property into two lots (with a zero lot line) which requires a waiver from the Subdivision Code to allow the lot width along the north setback line to be 97.1 feet in width instead of the required 100 feet. In addition, the applicant is seeking a variance from the Zoning Code requirements to allow the home to encroach into the front yard setback area along Winnetka Avenue due to the fact that the County will be taking an additional seven feet of right-of-way along Winnetka Avenue. Segelbaum asked if findings are required when considering a rezoning request. Hogeboom stated that findings are required far the subdivision request, but are not needed for the rezoning request. Waldhauser referred to the qualifications governing the approval of a minor subdivision and stated that the first qualification is that minor subdivisions shall be denied if the proposed lots do not meet the requirements of the appropriate zoning district. Hogeboom stated that if the zoning variances are granted by the Board of Zoning Appeals than the lots will meet the requirements of the R-2 Zoning District. He clarified that this proposal would not require any variances if the County were not takin� seven additional feet of right-of-way. Segelbaum asked if there are City records of anyone ever attempting to develop this property in the past. Hogeboom said he is not aware of any proposed developments on this property, but he knows there has been interest in the properties. He explained that there are soil issues on this property that the applicant will be required to address. Waldhauser asked if soil conditions were present on the property to the south. Hogeboom said he believes so. He added that he is also aware that there was some fill put on this property in the past that might need to be modified. Kluchka asked if the soil conditions are driving where on the lot the home is propased to be placed. Hogeboom said no. The location of the proposed home is due to setback requirements, site lines and other requirements. He added that soil mitigation will need to be done no matter where the home is placed on the lot. Kluchka asked if there are water issues with any other properties in the area. Hogeboom said he hasn't heard of any, but he knows the City Engineer is considering this proposal very carefully because of the known issues on this property. DJ Chawla, Real Estate Agent representing the applicant, stated that the applicants are brothers and they want to live next to each other. They considered building two single family homes, but a twin home would meet their needs and be less expensive to build. Minutes of the Golden Valley Planning Commission July 22, 2013 Page 3 Segelbaum asked who owns the property. Chawla stated that Dwayne Meier is the owner of the property. Segelbaum asked about the status of the purchase of the property. Chawla stated that the purchase is contingent on the City approving the rezoning and subdivision requests. Segelbaum asked how long the property has been for sale and how long Mr. Meier has owned it. Chawla stated that Mr. Meier has owned it for several years and he has tried to sell it many times. Segelbaum asked Chawla if he has ever developed property before. Chawla said his normal business is selling houses not developing property. Waldhauser asked Chawla if he has built houses in this area with this type of sail. Dave Gardner, builder, said he built a house last year that required soil correetions. He explained that this proposed twin home will be built on helical piers. Baker asked about the amount of displaced soil and the number of piers that will need to be installed. Gardner said approximately 70 piers will be installed and that these types of piers don't displace very much soil. Segelbaum asked if he has looked at soil conditions on other properties in the area. Gardner said he knows that the townhomes south of this property used pilings in their construction. Segelbaum asked if any of the neighbors have expressed concerns. Gardner said he hasn't heard from any of the neighbors. Baker asked if there is any evidence of a structure ever being on this property. Hageboom said no. Kluchka opened the public hearing. Ben Steinbach, 7925 23rd Avenue North, said he frequently has flooding issues and has witnessed standing water on the property in question. He said he would prefer that the area be kept single family and that a single family home be built next to him. Nick Kettner, 2300 Valders Avenue North, said he has also witnessed standing water on the property and he thinks the proposed new house would be under water every time it rains and added that the intersection of 23rd Avenue North and Winnetka Avenue is impassable in strong storms. He said that the last time he saw someone taking a soil sample on the property their truck sunk two feet into the ground and had to be pulled out. He doesn't see how this property is usable unless 42 feet of soil is taken out and replaced with good soil. Rosa Stein, 7920 Valders Court, said she has walked dogs though the subject property and noticed that there is often standing water. She said all of Minneapolis is a wetland and that there are ways to work with it. Kluchka asked Stein if she has had water issues on her property. Stein said no. Minutes of the Golden Valley Planning Commission July 22, 2013 Page 4 Annette Dreier, 2225 Valders Avenue North, said she started having problems with water and had to have her basement waterproofed after the Pennsylvania Woods project. She said her sump pump runs full time and she knows the property at 2250 Valders Avenue North has the same problems. Seeing and hearing no one else wishing to comment, Kluchka closed the public hearing. Baker asked for clarification on the criteria used in determining if a lot is buildable. Hogeboom stated that staff considers grade, slope, and delineated wetlands among other things when determining if a lot is buildable. In this case the lot is not in a delineated wetland and is considered a buildable lot. However, there will be a significant amount of soil mitigation and stormwater management required. Waldhauser questioned where the water goes from all of the sump pumps in the neighborhood. Hogeboom said the water goes to the ponds in the area and into the storm sewer system. Kluchka said he is deferential to the Gity Engineer's recommendation whether the lat is buildable ar not, and he's not sure whether it is the Planning Commissions purview to decide if a lot a buildable. Baker said he thinks it is good that the Planning Commission asks about these types of issues so that buyers will be aware. Kluchka said he feels the buyer and builder are well aware of the soil and water conditions on this property. Waldhauser said her concern is that this project wan't aggravate any water issues the neighbors already have. Segelbaum questioned if the R-1 zaning district is more appropriate for this property than the R-2 zoning district since the sale history is unknown, He said he hasn't heard justification yet for rezoning the property and it would seem like "spot zoning" if the broader ar�a isn't cansidered. He added that he was also surprised that the Zoning Map didn't show more R-2 zoned properties because there are ather duplexes and townhomes in this area. Hogeboom stated that staff has received a number of phone calls over the last several years regarding the development of this property. He explained that some of the existing R-2 properties in the area are grandfathered in because duplexes were allowed at one time in the R-1 zoning district. Waldhauser said she is not sure she understands Segelbaum's concerns because this is a difficult and expensive lot that could wark with this proposed twin hame since the awners will share the significant engineering costs. She said she doesn't cansider rezoning this property to R-2 to be "spot zoning" because the property can't really be developed without rezpning it. She added that the proposal is acceptable to the buyer and the seller and questioned if the property would even be salable far a single family home. Chawla reiterated that there are other townhomes and twin homes in the area. He stated that the property has been on the market for years, and there have been offers but the cost af soil mitigation ruins them. Gardner stated that he doesn't think a $350,000 to Minutes of the Golden Valley Planning Commission July 22, 2013 Page 5 $4QO,OOQ single family home would be viable on this property since the soil correction and the price of the lat will be almast $10Q,000. Baker questioned if the Planning Commission feels confident that the stormwater management on this property won't adversely impact any of the neighboring properties. Kluchka noted that if this proposal didn't include a subdivision request the stormwater issues wouldn't be part of the Planning Commission review or discussion at all. Hogeboom reiterated that the stormwater management on this property will be clasely monitored. Waldhauser stated that this property could pick up some of the stormwater already in the area which could be a benefit to the neighborhoad. Hogeboom said he would talk to the City Engineer about the neighbor's concerns. Kluchka questioned how much of this neighborhood would be amenable to R-2 zoning since there are other R-2 and Commercial properties nearby. He said he thinks R-2 zoning is appropriate for this property considering the other uses in the vicinity. MOVED by Waldhauser, seconded by Boudreau-Lands and motion carried 4 to 1 to recommend approval of rezoning the properties from Single Family Residential (R-1) to Moderate Density Residential (R-2). Segelbaum voted no. MOVED by Waldhauser, seconded by Baker and motion carried 3 to 2 to recommend approval of the Minor Subdivision proposat including the waiver request from Section 12.20, Subdivision 5(A) of City Code allowing the property to be 97.1 feet in width along the north setback line for the property at 7901 23�d Avenue North subject to the following and findings and conditions. Commissioners Kluchka and Segelbaum voted no. Findinqs 1. The proposed lots measure 97.1 feet in width along the north setback line. 2. Section 12.20, Subdivision 5(A) of City Code requires that lots in the R-2 Zoning District measure at least 100 feet in length on street abutting sides. 3. Hennepin County intends to acquire right-of-way for future needs along CSAH 156, thus eliminating the ability for this site to achieve that requirement along the north setback line (23`d Ave. No.) therefore, the Planning Commission recommends appraval of a waiver to Section 12.20, Subdivision 5(A) of City Code allowing the property to be 97.1 feet in width along the north setback line. Conditions 1. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat. 2. A Park Dedication Fee of $180 shall be paid prior to approval of Final Plat. 3. The recommendations and requirements outlined in the memo from City Engineer Jeff Oliver to Mark Grimes, Community Development Director, dated July 15, 2013, shall become a part of this approval. 4. A Subdivision Development Agreement will be drafted at the time of Final Plat approval. 5. All applicable permits shall be obtained prior to the development af the new lots. Minutes of the Golden Valley Planning Commission July 22, 2013 Page 6 6. This approval is subject to all ather state, federal, and local ordinances, regulations, or laws with authority over this development. --Short Recess-- 4. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings No other reports were given. 5. Other Business • Council Liaison Repork Council Member Schmidgall was in attendance and discussed the formation of a committee to guide the City's participation in the Bottineau Transitway station area planning process. He stated that the Council would like the committee to include two Planning Commissioners to help study potential impacts, parking, and access among other things. Schmidgall explained that the Cities of Golden Valley, New Hope and Crystal are moving forward with and emergency water supply plan which may include wells near each reservoir in case supply from Minneapolis is ever last. • Bottineau Transitway Station Area Planning Committee Hogeboom gave a brief history of the Bottineau Transitway project. He stated that Hennepin County is starting the station area planning process this fall in order to study both the Golden Valley Road and Plymouth Avenue stations even though there will likely only be one station in Golden Valley. The study will include several issues including: land uses, parking, station design and access for bikes, cars and pedestrians. After discussion, the consensus was, since two Commissioners were absent, that they would like Hogeboom to email the information to all of the Planning Commissioners and talk about who would like to volunteer to be on the Station Area Planning Gommittee at the next regular Planning Commission meeting. 6. Adjournment The meeting adjourned at 8:44 arl s D. Se bau , Secretary