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07-10-17 PC Minutes Regular Meeting of the Golden Valley Planning Commission July 10, 2017 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, July10, 2017. Chair Baker called the meeting to order at 8 pm. Those present were Planning Commissioners Baker, Blum, Kluchka Segelbaum, and Waldhauser. Also present were Planning Manager Jason Zimmerman, Associate Planner/Grant Writer Emily Goellner and Community Development Intern Kayla Grover. Commissioners Blenker and Johnson were absent. 1. Informal Public Hearing — Minor Subdivision — 210 Cutacross Road — SU12-21 Applicant: GreenWood Design Build, LLC Address: 210 Cutacross Road Purpose: To reconfigure the existing single family residential lot into two new single family residential lots. Zimmerman referred to location map and explained the applicant's proposal to subdivide the existing lot into two lots. The existing single family home would be demolished and two new single family homes would be constructed. He explained that the existing lot is 31,330 square feet in size and each of the two new lots would be slightly larger than the 15,000 square feet required. He stated that a tree inventory was submitted by the applicant so when construction happens staff can review how many trees will be removed and if mitigation is needed. He stated that staff feels that this subdivision proposal meets all of the City Code requirements and is recommending approval of this request. Segelbaum asked for clarification regarding the eighth qualification governing approval of a subdivision listed in the staff report. Zimmerman said there has been some question in the past with how much leeway the City has in approving or denying subdivision proposals. He explained that the City Code is clear that the eight criteria listed in the staff report are the only issues that can be evaluated when considering subdivisions. Scott Loehrer, GreenWood Design Build, Applicant, said they recently did a subdivision on Paisley Lane so he is aware of the process and the issues involved. Blum asked why the plans submitted did not include a utility plan. Loehrer stated that one lot already has a sewer connection and that permits will be required at the time of construction for all utilities. Segelbaum asked Loehrer if he learned anything from his Paisley Lane project that he would implement here. Loehrer said he didn't think so because each project is different and they are all custom homes. Segelbaum asked if there have been issues with silt fencing, construction hours, disturbing surrounding property owners, grading, water run- Minutes of the Golden Valley Planning Commission July 10, 2017 Page 2 off, etc. Loehrer said street sweeping has been an issue after big rain events and that the City checks the grading at the end of the project. He added that run-off was more of an issue with the project on Paisley Lane than it will be with this proposal. Baker opened the public hearing. Kathy Watkins, 112 Paisley Lane, said the problems with grading of the Paisley Lane project have not been corrected. She said the builder made a basin in the backyards and when it rained it was a lake so they made a swale which directed mud to the street several times. She welcomed the Planning Commission to look at the erosion pattern and the dirt that is coming into her yard. She said the builder built the grade so high that the water can't make it all the way to the street and she has the lowest spot so of course that is where the water goes. She referred to the trees and said the builder put two or three feet of soil on top of the tree roots so she will probably lose the tree in the front of her yard. She said the builder has done the grading in a hasty way and they haven't shown concern for the neighboring properties. She questioned if tree removers should be licensed, bonded, and insured because she doesn't think they were for the Paisley Lane project. She said they were the tackiest outfit she's ever seen and they made noise on a Sunday night for three hours. A more professional company could have done the work faster without as much disturbance to the neighborhood. Jon Segner, 125 Paisley Lane, said he has similar concerns as the last speaker, in particular the amount of construction in their neighborhood. He said the drainage and water table in the neighborhood has changed permanently and that he has had water in his basement where he's never had it before due to the number of new homes in the neighborhood. He said it doesn't seem like the City is doing much for existing residents and that new residents are treated better. He showed the Planning Commission some photos of the new homes on Paisley Lane and the mud in the street which occurs every time it rains so their silt fences are obviously not doing their job. Segelbaum asked when the photos were taken. Segner said one photo was taken two weeks ago and the other was taken six weeks ago. He said he has called GreenWood several times and they've been unresponsive. He referred to another photo showing damage to his yard due to the construction of the new homes on Paisley and said he spoke with Mr. Zimmerman who suggested he talked to the developer. Instead, he fixed his yard himself and sent a bill to Mr. Loehrer. He referred to the tree removal contractors and said they had their chipper pointed toward the street and wood chips pelted his car. He said he realizes the City is fairly limited in the ability to reject a development, but he thinks the City could reject a developer. He added that GreenWood hasn't been addressing the neighbors' concerns and he will be filing a claim in conciliation court. Seeing and hearing no one else wishing to comment, Baker closed the public hearing. Baker asked what options the neighbors have with their complaints such as grading problems that weren't corrected, permanent changes to the grading, and damage to trees. Zimmerman said the as built survey done at the end of a project is compared to the proposed survey submitted at the beginning in order to check the grading. He explained Minutes of the Golden Valley Planning Commission July 10, 2017 Page 3 that one of the issues staff reviews is the amount of water going onto a neighboring property which isn't allowed to increase. Another issue is the rate of water flow so that erosion doesn't occur. Kluchka said a lot of the issues occur while houses are being built before turf is installed and suggested there be an inspection of the grading and drainage during construction in addition to before and after construction. Zimmerman said the City's building inspectors visit a construction site several times during a project and that there could be an opportunity to have the water resource staff visit the site during construction to watch for water and drainage issues. Segelbaum asked what the City does if the grading plan deviates from the approved plans. Zimmerman said if what was built is not what was approved, the City has the authority to require the grading/drainage be corrected to match what was approved. Baker asked at what point in the process the City says the grading/drainage needs to be corrected. Zimmerman said there is a construction management document that contractors have to sign that says they will follow all of the City Code requirements so the City can refer to that document to get issues corrected at any point in the process. Segelbaum asked if an escrow account is required in case there is damage to surrounding properties or to City property. Zimmerman said he doesn't think there is any money deposited up front, but the City can require contractors to repair City property. Segelbaum said the Planning Commission hears the same complaints with every subdivision so it would be good to be able to address some of these issues up front. Baker told the applicant he is on notice, and the City doesn't want to see the issues that occurred on Paisley Lane happen with this property. He said he thinks the City should consider requiring escrow accounts or penalties when things are done the way they weren't supposed to be done. Blum agreed. Waldhauser questioned if escrow accounts could be done on a case by case basis or if it would have to apply to all construction. She said as a City service, they should be helping residents solve these types of issues. Baker agreed something needs to change to provide better service. MOVED by Kluchka, seconded by Segelbaum and motion carried unanimously to approve the proposed minor subdivision of 210 Cutacross Road subject to the following 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$5,550 shall be paid before release of the Final Plat. 3. A deferred special assessment of$4,900 shall be paid before release of the Final Plat. 4. Modifications to the Survey and Preliminary Plat, as outlined by the Engineering Division in the memo dated July 1, 2017, shall be made and resubmitted to the City before approval of the Final Plat. --Short Recess-- Minutes of the Golden Valley Planning Commission July 10, 2017 Page 4 2. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings No reports were given. 3. Other Business • Council Liaison Report No report was given. 4. Adjournment The meeting adjourned at 8:39 pm. -� i / ��,- � � John KI hka, Secretary Lisa 1Nittman, Administrative Assistant