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HomeMy WebLinkAbout04-16-2018 Planning Commission Minutes MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 16,2018 6:30 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair John Thiesse, Commissioners Bob Erickson,Kevin Landgraver, Bruce Lemke, Dennis Libby, and Jon Ressler. Representing Staff were Community Development Director Jeremy Barnhart, City Planners Melanie Curtis and Laura Oakden, and Recorder Jackie Young. Council Member Wendy Dankey and Mayor Dennis Walsh were present. Chair Thiesse called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. NEW BUSINESS 1. OATH OF OFFICE The oath of office was administered to Planning Commissioners Bob Erickson,Dennis Libby, and Jon Ressler. 2. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF MARCH 19,2018 Lemke moved,Landgraver seconded,to approve the minutes of the Orono Planning Commission meeting of March 19,2018,as submitted. VOTE: Ayes 6,Nays 0. 3. LA18-000033 JEFF MARTINEAU, 1335 ARBOR STREET,VARIANCES,6:34 P.M.— 6:44 P.M. Jeff Martineau,Applicant,was present. Oakden noted this application is a resubmittal of a variance request for 1335 Arbor Street. The applicant is requesting multiple variances for lot area, lot width,front setback, side street setback, and interior side setback. The applicant had previously requested the same setback variances as well as a structural coverage variance. The Planning Commission at its January meeting denied the request due to the structural coverage variance. The City Council, at its February 2, 2018, meeting,tabled the application and asked the applicant to redesign the home to meet the structural coverage standards and to bring the application back through the public hearing process. The applicant is now proposing to construct a new home, replacing an existing home on the property. The proposed home will be more centered on the lot. The site is a corner and through lot with streets on three of the four sides. The new residence will be a ramble style home with a full basement and a two- stall garage and deck. The lot is located in the RR-1B,two-acre zoning district, and the lot is extremely small at 0.20 acres in a zoning requiring two acres. The applicant is requesting a 40-foot front yard setback where 50 feet is required. In addition,the applicant is requesting a 7.5 interior side yard setback where 10 feet is required and an 8.5-foot side street setback where 30 feet is required. The front and interior side yard setbacks seem reasonable for the small lot location. The proposed site plan shows window wells which encroach closer to the setbacks than the Page 1 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 16,2018 6:30 o'clock p.m. principal building. Per City Code, window wells are permitted to encroach into the setback but not extend more than five feet from the building. Staff finds there are practical difficulties inherent to the lot area, lot width, and proposed setbacks due to the size of the lot. The lot is also unique in that it has street abutting three sides of the lot. Staff recommends approval. The Planning Commission had no questions for Staff. Jeff Martineau, Applicant, stated as the Planning Commission is aware,the previous application requested a structural coverage variance. Martineau stated at first blush he did not believe he could construct the house to meet the structural coverage without building a two-story, but after further consideration and discussions with the property owners,the proposal is for a full basement rambler style home with a two- stall garage and a deck. As it relates to the fireplace, Martineau stated hopefully that can be resolved by calling it a cantilever and working within the setbacks. If that is not possible, it will have to be moved within the footprint. Libby asked if the additional dimensions affect any egress or ingress points. Martineau stated if Commissioner Libby is asking whether they have the ability to service lower bedrooms with egress, arrangements have been made that the lower bedroom windows would be able to be accessed egress-wise by the window wells. The other window wells would be located on the left side of the residence and do not require a variance. Libby stated he was more concerned about egress and ingress versus for exits and entrances versus the egress windows. Martineau noted the door faces Prospect but there is a sidewalk that goes to the garage,which exits onto Arbor Street. As it relates to other egress areas in the house,the patio with a sliding glass door is located off the eating area and is located on grade. To the right side of the house,there would be an access to the garage. Martineau noted the egresses are the front door facing Prospect,the garage door, and the patio door on the main floor. Thiesse asked if he substantially reduced the pitch of the roof. Martineau indicated they did. The approximate height of the new roof is 27 feet. Chair Thiesse opened the public hearing at 6:42 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 6:42 p.m. Landgraver commented the applicants have done a good job at redesigning the house. Thiesse stated in his view the house will fit the neighborhood well. Page 2 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 16,2018 6:30 o'clock p.m. Ressler stated he does not disagree and that it is compatible with the other homes in the area. Erickson commented it is an attractive design. Landgraver moved,Erickson seconded,to recommend approval of Application No. LA18-000033, Jeff Martineau on behalf of Barbara Garcia, 1335 Arbor Street,granting of variances to lot area, lot width,front setback,side street setback,and interior side setback. VOTE: Ayes 6,Nays 0. 4. LA18-000012 MARK STIPAKOV,2150 SIXTH AVENUE NORTH, SUBDIVISION RESOLUTION AMENDMENT,6:44 P.M.—6:51 P.M. Mark Gronberg, Surveyor, was present on behalf of the Applicant. Curtis stated the applicant is requesting approval of an amendment to the original conditions of subdivision approval regarding the driveway and private road serving the homes located on the driveway. The request is to allow a hammerhead type turnaround in lieu of the typical required cul-de-sac. The turnaround will require the creation of an easement into the subject property. The impetus for the request is the applicant's desire to develop the now vacant property,which is shown as Lot 2. The applicant has provided a plan which creates a private road. Currently there is a private driveway serving two homes. The applicant is proposing to increase the width of the existing driveway from 12 feet to 24 feet until it branches off to the northeast approximately 120 feet into the driveway where a 20-foot wide hammerhead is shown to provide backup opportunity into the applicant's property. This configuration appears to meet the dimensional requirement for a turnaround. Beyond the 24-foot width private road the two homes at 2140 and 2150 will be served by a private driveway. The hammerhead will be accomplished by the creation of an easement over the applicant's property dedicated to the public, benefitting the public and the adjacent property owners. Staff recommends approval of the road improvement plan, including the easement as proposed on the survey. Staff further recommends approval of the requested amendments to the subdivision resolution. A separate private road easement should be drafted to address the hammerhead area. Thiesse asked if the hammerhead meets the intent of the City. Curtis stated she believes it does. Lemke asked if there are any issues with emergency vehicles. Curtis indicated she has discussed this with the fire chief and the applicant and that in the fire chief's view it will comply. Mark Gronberg stated he is available to answer any questions. Chair Thiesse opened the public hearing at 6:46 p.m. Bill Tyler, 2160 Sixth Avenue North, asked whether there will be any trees removed. Page 3 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 16,2018 6:30 o'clock p.m. Gronberg indicated the 32-inch willow tree will be removed and that they are attempting to save as many trees as possible. Thiesse noted the attempt to save some of the trees is the reason for the variance request. Tyler commented that is his biggest concern and that he would like to see as few of the trees cut down as possible. Steve Gibson, 2146 Sixth Avenue North, stated he had the same concern regarding the trees. Gibson asked why the hammerhead needs to be so large. Curtis stated the proposal is an attempt to comply with the requirements of a cul-de-sac and that the hammerhead needs to accommodate emergency vehicles. Chair Thiesse closed the public hearing at 6:50 p.m. Landgraver and Lemke stated they do not have any concerns with the application. Lemke moved,Ressler seconded,to recommend approval of Application No.LA18-000012,Mark Stipakov,2150 Sixth Avenue North,granting of an amendment to the original conditions of subdivision approval regarding the driveway. VOTE: Ayes 6,Nays 0. 5. LA18-000034 APEX HOLDING,LLC,2635 KELLEY PARKWAY,FINAL PLAT,FINAL MASTER DEVELOPMENT PLAN AND REZONING,6:50 P.M.—7:11 P.M. Sanjeev Mangalick, Apex Holding,was present. Curtis noted this proposed project for a 70-unit senior living apartment building went through a sketch plan review in 2016 and received preliminary approval in 2017. The applicants are now seeking final plat approval, final master development plan approval, and rezoning from RR-1B PUD to RPUD. The concept master plan was approved with flexibility from specific sections of the RPUD requirements as it relates to the parking lot and driving lane setback,the private recreational area, and the hardcover. The final plans as submitted are generally consistent with the previously reviewed preliminary plat. The two-story building reflects 70 units,which consist of 22 memory care, 24 assisted living, and 24 independent living units. Per the Metropolitan Council, all units count toward the City's density calculation. The developer should address the comments from the City Engineer prior to placement on the City Council agenda. The parking plan reflects 85 total parking stalls,with 46 surface spaces and 39 underground spaces. This is consistent with the number approved within the concept plan review. The Stonebay development has established a certain design characteristic. During the concept review Staff recommends that the building materials be consistent with the pattern established by the Stonebay development and include architectural shingles, cement/fiber board siding, brick and/or stone. The proposed materials appear to be consistent with the Stonebay design characteristics. Page 4 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 16,2018 6:30 o'clock p.m. The City's consulting engineer has provided a detailed review and comments on the plan. The developer should address all applicable comments prior to placement on the City Council's agenda. In addition,the developer should comply with the permitting requirements from the MCWD and Hennepin County as necessary. To date,no additional public comments have been received. Staff recommends approval of the master development plan, approval of rezoning to RPUD, and final plat conditioned upon compliance with the requirements of the City's consulting engineer and permitting requirements of the other regulatory agencies. Thiesse noted in a comment received from the Metropolitan Council in regard to the 2040 Comprehensive Plan Update,they state the City should note that the minimum density of land guided to address this is eight units per acre. Thiesse asked what that relates to. Barnhart stated the Metropolitan Council establishes certain goals, such as work force housing goals, and that the Metropolitan Council looks at those areas that are guided for eight units per acre as meeting those goals. The Metropolitan Council does not identify specific locations within the City for that type of housing. Barnhart noted when the 2030 Comprehensive Plan was developed,the range was six units or more. Landgraver noted that is a 33 percent increase. Thiesse asked whether the 33 comments of the engineer are requirements or whether they are simply desired amenities. Curtis indicated some of them are requirements. Thiesse asked if the grinder pump is a requirement. Curtis indicated she does not know the answer to that at this time but that the motion by the Planning Commission should be conditioned upon the comments of the engineer. Landgraver asked if there was some discussion previously about the stormwater pond needing to be modified. Thiesse noted that was included in the engineer's comments. Sanjeev Mangalick,Apex Holding, stated they did receive a list of the engineer's comments and that their engineer is here and he can answer any specific questions. Mangalick indicated he did speak with the contractor and they do not have any issues with any of the recommendations. Mangalick stated they will make sure they comply to the City's needs and requirements. As it relates to the pond, additional engineering is needed but that it will be designed accordingly. Ryan Bloom, Westwood Engineering, stated they were able to get the existing calculations for the stormwater pond. The pond was designed in 2002 to handle this development as well as one other development but that since that time some of the regulations have changed. Bloom indicated they will need to add some additional equipment if the pond is utilized,but that they will likely handle the water on Page 5 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 16,2018 6:30 o'clock p.m. the subject site. Bloom indicated they will be working with the City and the Watershed District on those items. Chair Thiesse opened the public hearing at 6:58 p.m. Mike Licht, 2670 Kelley Parkway, asked if the first elevation was in a northerly elevation and whether he can see that again. Curtis noted it is not in color. Licht asked to also see the site plan for the parking. Curtis noted all four building elevations are shown on the overhead and the first page is a rendering of the building on the site. Licht asked if the parking will be on Kelley Parkway. Thiesse noted there is no parking on Kelley Parkway. Curtis stated there are parking areas along Kelley Parkway as part of the site and then on two sides of the building. In addition,there will be underground parking. Licht asked if the above-ground and underground percentage-wise meets the City's requirements. Curtis indicated it does. Louise Kanive, 2670 Kelley Parkway, asked if they mean parking on Kelley. Curtis stated the parking would be on the property and that there will be 46 surface parking lots and 39 below ground. Kanive asked where the employees will park. Curtis stated she is not sure that has been addressed at this point. Kanive asked how many employees there will be. Curtis stated the parking assumes X number of employees based on the number of beds,which is proposed at 70 units. Curtis noted a portion of the building consists of 22 memory care units and those residents will not have vehicles. Kanive asked if a traffic study has been done on Kelley Parkway. Kanive stated with no left turn onto Kelley from Cascade or off of County Road 6,that has negatively impacted Kelley, and that people going to the school also utilize Kelley. Thiesse stated he is not aware of a study. Thiesse asked what the property is zoned at. Page 6 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 16,2018 6:30 o'clock p.m. Curtis stated it is currently zoned RR-1B, RPUD. The property was originally guided for commercial office. Thiesse noted the amount of traffic with this proposal will be less than the commercial building. Barnhart stated a traffic study was not done on this project but there was a traffic study done on a similar project that was guided for office but was proposed for a condominium which found that residential generated less traffic. Chair Thiesse closed the public hearing at 7:06 p.m. Thiesse noted the Planning Commission reviewed this application back in August of 2017 and that the developer incorporated the comments of the Planning Commission. Landgraver stated the estimated traffic flows down Kelley Parkway have probably changed quite a bit given the changes down at the other end of Crystal Bay Road. Landgraver noted the residents that will live in this facility will not generate a lot of traffic. Lemke indicated he is in agreement with Commissioner Landgraver and that the traffic generated from the site will not be during peak traffic hours. Lemke stated he likes the proposal and that it fits the location. Ressler indicated he is in favor of the proposal and that anything else proposed for the site would likely generate more traffic than this proposal. Libby stated in August he heard some of the same concerns and that the local residents understand the traffic patterns. Libby stated this type of development has a high need in the community given the aging population and that he agrees with Staff that this is a lower traffic development than a commercial project. Erickson stated the Comprehensive Guide Plan Committee determined that multiple housing was an improvement over office/commercial and that in his view this is a good location for the proposed use. Landgraver suggested the applicants do a parking reconciliation of employees and residents before going to the City Council to give a better idea of the traffic that might be generated from the site. Sally Novak asked if the front of the building is the north side or the south side. Curtis indicated the front of the building is facing Wayzata Boulevard. Novak asked how they would exit from the parking lot. Curtis indicated people can drive around the entire building, but they can only exit onto Kelley. Landgraver moved,Erickson seconded,to recommend approval of Application No. LA18-000034, Apex Holding,LLC,2635 Kelley Parkway,granting of site plan approval, Comprehensive Plan Amendment,and rezoning. VOTE: Ayes 6,Nays 0. Page 7 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 16,2018 6:30 o'clock p.m. 6. LA18-000035 K.RYAN HASSE,3800 SHORELINE DRIVE, CONDITIONAL USE PERMIT AND SITE PLAN REVIEW,7:12 P.M.—7:52 P.M. Ryan Hasse,Applicant,was present. Oakden stated the applicant is requesting a conditional use permit for a dog kennel and site plan review. Kennels are listed as a conditional use in the B-5 district. The applicants propose to use the existing building at 3800 Shoreline Drive for DogHaven, a dog daycare, grooming spa, and training facility. They will offer overnight boarding on a limited basis. There will be staff onsite anytime there are dogs being boarded overnight. A staff member will also always be present if dogs are using the outdoor area. To the north of the site is the Hennepin County garage,to the south is Shoreline Drive,to the west is a retail shop, and to the east is the Navarre Fire Station. The applicants are proposing to update the existing building façade by painting the exterior gray with white trim and replacing the roof with a dark gray metal to match the proposed building. They are also proposing to construct a 1,932 square foot accessory structure on the site,which will match the color scheme of the existing building. This accessory building will be one large room with one restroom and will be used as an indoor play area for the dogs year-round. The applicants will also add a 6-foot white vinyl privacy fence around the outdoor dog area with a 10-foot setback from the property line. There is a small"potty grass"area that will be added to the site between the two buildings. The existing parking lot will change slightly. Currently eight parking spaces exist, with the new parking plan showing seven parking spaces due to the placement of the accessory building,which will remove one space from the lot. The applicant will restripe and maintain the seven proposed parking spots. The ordinance does not anticipate the proposed use so Staff used the ratios for day nurseries,which was also used for The Woofington. Per City Code, day nurseries require four parking spaces, plus one for each 500 square feet in excess of 1,000 square feet of floor space in the principal structure. Following City Code,this use would require five total parking spaces. If the accessory building is added into the calculation,eight spaces would be required. The Planning Commission should discuss the parking on the site. All setbacks and site coverage have been met with the proposal. Oakden stated all uses have impacts on the surrounding area and uses within a commercial district can expect a certain elevated level of traffic,noise, and lighting over residential use. The proposed use may generate additional impacts over these expected impacts due to dog barking and smells sometimes associated with animals and animal boarding. The applicants are well aware of the noise concerns and has taken multiple steps to address these through building design and operations. A comment has been received from Hennepin County today recommending that the gravel drive onto Shoreline Drive be removed. No other public comments have been received on the application. Planning Staff recommends approval of the conditional use permit and site plan subject to the following conditions: 1. The operator maintains the annual kennel license. Failure to maintain the kennel license shall Page 8 of 21 • MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 16,2018 6:30 o'clock p.m. cause the Conditional Use Permit to lapse. 2. Dogs shall be supervised while outdoors at all times. 3. All MCWD requirements are met. 4. Re-strip the parking lot to improve and identify the parking stalls. Lemke asked if there are any elevation views of the fencing. Oakden stated the applicant is proposing a 6-foot white vinyl fencing and that they have not submitted any samples. Lemke asked if there is a floor plan for the building. Oakden noted there will be one bathroom in the accessory building, which will be used for a year-round play area and will be largely open. Also within the building will be some indoor kennels and offices. Lemke asked if the applicants are proposing overnight kenneling. Oakden indicated they are proposing limited overnight kenneling. Thiesse asked how many animals are being proposed. Oakden indicated the applicant will need to address that. The license granted would be a kennel license and it would have to be renewed annually. Libby asked if there is any information from Hennepin County as to why they propose the elimination of the other drive. Oakden stated if there is an unused driveway access off a county road,they will ask that it be removed. Libby commented he would be interested in hearing information about soundproofing from the applicant. Ryan Hasse,Applicant, stated they worked closely with City Staff to ensure their plan met all of the ordinances and requirements associated for the B5 zoning district. Hasse stated they do expect this business to operate close to what the district allows for with some exceptions. With regard to sound,to the north of the property is the Hennepin County maintenance facility,which is a considerable distance from this property. To the east is the fire department with a number of trees in between the two properties. Hasse stated they will not allow the dogs to just sit there outside and bark. In addition,the street is to the south and the Hope Chest is the closet neighbor and is to the west. Hasse indicated they took all that into consideration when designing their proposal. Hasse stated the accessory building would be a square building and that they have worked with the planners to meet the ordinances and codes to ensure it would be in compliance and to build an appealing structure. Hasse noted a dog park was opened in Orono not too long ago and is very popular and that they are creating a beautiful space for dogs to be indoors during the winter and outdoors during the summer. Page 9 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 16,2018 6:30 o'clock p.m. Nicole Speck, Orono, noted The Woofington is for small dogs only and that there is a need for a large dog space in Orono. As part of this proposal the dogs will be fenced in and will be supervised. Speck stated their clients bring their dogs to them so the dogs can learn to be well behaved and that they want to provide that service in a way that is productive for everyone. Speck stated they are open to feedback from the neighbors, noting that the dogs will not be permitted to bark constantly. If there are dogs that are not able to be helped,they will be let go. Speck indicated she has worked in the dog industry for 20 years and that the goal is to create great canine assistance for the community. Speck stated in her view the way they have structured it achieves that goal. Hasse stated because the ordinance does not necessarily contemplate this type of use as it relates to parking,theoretically by ordinance they will exceed the parking requirements for the proposed business use. The second building will just be used for dogs and one staff member. Hasse indicated people will drive in at the front,drop off their animal, and leave. Hasse stated in their view the parking is adequate, but that they do have a 35 percent hardcover limit so they have the ability to add parking if necessary. As it relates to the second driveway, Hasse stated that is an old, unmaintained driveway that they would be happy to remove since they do not plan on using it. Speck commented their kennel is unique and that they will not be kenneling dogs in the traditional sense. The facility will be a cage-free boarding facility and the dogs will be treated like they are in their own home. Speck noted they will only be kenneling a very small percentage of dogs by reservation only and those dogs will be with a staff member. Hasse stated offering boarding to their existing daycare clientele is the goal and that this will not be the traditional boarding kennel where people can just bring their dog in. Hasse indicated they will be catering to a higher clientele so their dogs can have an at-home experience. Thiesse asked on average how many dogs there will be at the facility. Hasse stated the smaller structure will handle 15 dogs at capacity but that it is not likely all those dogs will be there at the same time. The bigger structure will have around 35 to 40 animals at capacity. Hasse stated in the summertime there might be a greater capacity by using the outdoor area but that they are looking to create a quality experience for the dogs. Speck stated they are primarily a daycare for the dogs during the day and that nighttime boarding of dogs will be very limited. The overnight capacity will probably be ten dogs. The business will primarily be a Monday through Saturday daycare and that they will only be taking the best of the dogs to be kenneled overnight. Speck indicated there will not be high volume on the weekends. Thiesse asked how many dogs there would be per staff person. Speck indicated they are looking at 1 to 15 or 1 to 12. Hasse stated that is considerably better than industry average,which is 1 to 30 is acceptable. Lemke asked what the hours will be. Page 10 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 16,2018 6:30 o'clock p.m. Hasse indicated it will be 7:00 to 7:00 Monday through Friday and 7:00 to 2:00 on Saturday. Libby stated given the amount of thought put into sound mitigation,he is less worried about that aspect. Ressler stated if you look at the neighbors,there is County Road 15,the maintenance facility, and that he could probably argue that the neighbors are going to generate more noise than this facility. Ressler stated the concern is at night or when those businesses are not open. Ressler asked if the dogs will be outside at night. Speck stated the dogs will be let outside once in a while for a potty break but that it will be brief and there will be no play time. Speck indicated those dogs will be confined to the potty pen and will not be running around the yard. Ressler asked if The Woofington also has an outside play area. Oakden indicated they do. Ressler asked if the City has received any complaints regarding The Woofington. Oakden stated they have not. Thiesse noted urination will permeate in the warmer months and asked what their plan is to address that. Hasse pointed out the primary area where the dogs will be trained and the potty area. That area will be maintained to a high degree and that potty grass that will be utilized is an industry specific product and is a 100 percent permeable product. Hasse indicated the dog waste will be shoveled and then the solid waste will be gathered essentially as soon as it happens, put in a bag and sealed,put in another bag and sealed and then put in a cart that is then hauled away with the trash. Speck stated the dogs will be put in a potty area that is not the yard before they are brought indoors and that they want to confine the waste to one area as much as possible. Landgraver stated he does not completely understand the business model and that when he hears 55 maximum dogs,he is not sure what the staging or the sequencing of dogs being dropped off will be. Hasse stated Nicole has a good understanding of the traffic patterns and that the idea is to have the employees park in the back and the customers in the front. The goal is to have a quick exchange that will take about two to three minutes, which is what the customers also want. Hasse indicated they can process a lot of drop-offs at the same time. Hasse stated the other element is that all those dogs will not necessarily come in at the same time and that some dogs will be there half time and some dogs are brought to be groomed. Hasse stated in his opinion there will never be 55 dogs there at one time based on their experience but that they would be willing to add more parking if deemed necessary. Speck noted there is no primary drop-off and pickup time, and that based on her experience,the proposed parking is very reasonable. Speck stated the clients will be in and out in a short period of time. Ressler asked if the City has any guidelines as it relates to kennels. Page 11 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 16,2018 6:30 o'clock p.m. Oakden stated as it relates to the conditional use permit, it does not specify a number of dogs and the City does not have any numbers outlined as far as commercial kennels and dogs. Libby asked if there is a way for the dogs to enter into the other part of the yard or get loose. Libby noted Orono has a leashing law that is enforceable and that he does not want any loose dogs running around. Hasse noted they have elected for a 10-foot setback on the fence and a 6-foot high vinyl fence. The fence will be 100 percent opaque and the dogs will not be able to see through it. Hasse stated they do not want the dogs to get out because it hurts their reputation and that the fence is designed to be dog-proof. In addition, any area where the dogs will be outside will be fenced. Landgraver asked if there will be a person on site at night. Speck indicated there will be a staff member there at all times. Thiesse asked if anyone would be living in the house. Hasse indicated there will not be. Chair Thiesse opened the public hearing at 7:43 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:43 p.m. Thiesse asked if a kennel license is revocable. Oakden stated the City Clerk manages all the licenses, but since this will be a conditional use permit, conditions can be set to be reviewed. Oakden stated to her knowledge there are some standards to revoke a kennel license. Lemke stated he is concerned about the amount of parking but noted the applicants are amenable to increasing it. Oakden suggested the Planning Commission request proof of parking, and if complaints are received,the applicants could perhaps add parking in the future. Landgraver asked what parking was required for The Woofington. Oakden stated it was four spaces and then one space for every 500 square feet in excess of 1,000 square feet of building, which is what the Code reads. Oakden noted the parking has actually been made stricter since The Woofington was approved. Thiesse asked if they only require one more parking space. Oakden indicated that is correct, and if the main building is only counted,they would be required to have five. If the accessory building is included,they would require seven, which leaves them one short. Page 12 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 16,2018 6:30 o'clock p.m. Libby stated he is less concerned about the parking. Libby noted this is conjecture, but that they might be talking about 100 trips a day in and out, with a lot of it going out onto County Road 15, which leads into Navarre. Libby stated the Navarre area has some traffic management problems. Thiesse agreed that there are issues with traffic. Landgraver noted this is zoned for commercial and that he does not know how to evaluate the parking. Landgraver stated it looks like there is ample space to add parking if necessary. Thiesse stated it would be in the applicants' best interests to have sufficient parking for their clients. Erickson commented the closure of the second driveway is a plus. Thiesse asked if the restriping of the parking lot is a request. Oakden stated it would be in their best interests to do so, and if it is removed,the area would be restored to grass. Thiesse asked if the Watershed requirements are being met. Oakden stated Staff has been in discussions with the Watershed District and that Staff will incorporate any written comments received from the MCWD, but during the discussions no red flags were raised. Landgraver recommended the applicants put together a statement outlining the business hours and staff level for the City Council. Lemke moved,Libby seconded,to recommend approval of Application No.LA18-000035,Ryan Hasse,Nicole Speck,and Gary Johnson,3800 Shoreline Drive,granting of a conditional use permit and site plan review,subject to Staff recommendations. VOTE: Ayes 6,Nays 0. 7. LA18-000036 ORONO APARTMENTS,LLC,2745 KELLEY PARKWAY, SITE PLAN, COMPREHENSIVE PLAN AMENDMENT AND REZONING, 7:53 P.M.—8:45 P.M. John Patch, Applicant, and Neil Weber were present. Barnhart stated the City has received a request for a comprehensive plan amendment, site plan review, and rezoning. The proposed site is currently vacant and is located immediately south of the Orono Public Works garage. The property is currently zoned B-6 PUD and is guided for Commercial Office use. The site is and has been vacant for many years. The property owner is proposing construction of a 56-unit apartment building on the 2.55-acre property. Improvements will include the 2.5 story building, underground parking, and surface parking. A Comprehensive Plan Amendment is required to complete this project as well as rezoning to RPUD. RPUD rezoning requires approval of a master site plan. Building setbacks are met under the proposal. Parking is proposed via an extension of the existing shared parking lot. The north and west parking setbacks are not met but are consistent with the existing parking Page 13 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 16,2018 6:30 o'clock p.m. setbacks. Setbacks for the parking spaces on the west side are shared with the lot to the west and a 20- foot setback is impractical and counter to the goals of sharing parking spaces. The building has a proposed defined height of 29 feet. This defined height meets requirements and is lower than the Lofts across the street and the senior housing project next door. During the sketch plan review, some comments were received regarding the height of the building and its impact of blocking views from the condominium building. The applicant has provided a sketch showing the height differential between the subject building and the adjacent Stonebay condos. The apartments will consist of one, one-plus, and two-bedroom units. The site plan includes two driveways onto Kelley Parkway. There is no access to Wayzata Boulevard. One of the accesses already exists and is shared with the medical office to the west and is on the property line. The second access is generally 155 feet west of the northeast corner. This driveway does not line up with the driveway across the street. It was recommended during the concept plan review that the driveway line up with the drive on the north side of Kelley Parkway. From Staff's perspective, it is not critical that the drives line up since the two drives in question are used almost exclusively by city employees and one of the drives is primarily an entrance only. If the driveway is shifted to the east, it appears it will impact stormwater retention options. Parking includes 54 surface stalls and 72 underground stalls. Parking requirements equal two spaces per dwelling unit. Assuming 56 units, 112 spaces would be required per City Code and the applicant is showing 126 parking spaces. Fourteen of those spaces are shared with the medical office building to the west. A trail along the south property line is anticipated as part of the Stonebay project. Preliminary plans by Hennepin County for the upgrade of Wayzata Boulevard include a trail along the north side of Wayzata Boulevard. The applicants should expect that a trail will be required along their south boundary,with a possible connecting link to Kelley Parkway along the west edge of the stormwater pond. RPUD standards include a requirement for 10 percent of the site being dedicated to private recreational purposes. The plans do not show any private recreation and the discussion during the concept plan review involved payment of a fee in lieu of the private recreational requirement. It was originally anticipated that the stormwater from the site would be collected and diverted to the large, regional pond to the east. However, based on new stormwater requirements,the stormwater will be collected and treated on site through three rain gardens along the south and east property areas. The property is not within the Stormwater Overlay District, but if developed as an RPUD, it would be subject to a maximum hardcover per lot of 50 percent. Hardcover is proposed at 55 percent. A portion of the hardcover consists of the shared parking and dumpster enclosure along the west side. To date Staff has received one written comment in opposition to the zone change. Barnhart stated the Planning Commission should address the issues outlined in the staff report. Lemke asked if there was consideration for a walkway along the south or the north. Page 14 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 16,2018 6:30 o'clock p.m. Barnhart noted Staff did recommend the sidewalk along the north side of the property be continued to the east. Erickson noted there are overhead utilities along Wayzata Boulevard. Erickson asked if there is any requirement for underground utilities. Barnhart indicated there is not for existing utilities. Neil Weber,Weber Architects and Planner, stated this is a simple 56-unit apartment building. The intent is to construct quality market rate apartments. Sixteen units will be two-bedroom and the rest will be one bedroom plus a den. Since the concept plan review, soil borings have been taken and they confirm that the water table is approximately eight feet below grade, which is the reason the underground parking is slightly above grade. Weber indicated they are in agreement with the ten conditions outlined in Staff report and that they will add to the landscape plan depending upon what is done with the grading and stormwater. Weber stated they were told in a preliminary sense from the Watershed District that they could use the holding pond but that the rules have changed since the pond was constructed and so they will need to look at that further. Weber stated if the pond is not able to be used,there is an alternative on the site, and that they would have to apply for a permit if they utilize the existing stormwater pond. Weber stated this is a pretty straight forward project. The area of the parking on the west side of the property is owned by the dentist and he would like to maintain the legal easement over the shared parking. Weber stated the only time that parking would be needed by the medical building is at their peak times and the only times the apartment building will need that parking is in the evenings and on the weekends. Weber stated the market is here for this type of housing and that this will be a quality project. Weber stated they are available for any questions. Libby stated he would complement the developer on the ergonomic designs of the floor plans. Libby noted the number of unoccupied units is somewhere in the area of 2 to 2.5 percent,which is very low and makes it difficult for people who want to rent in this area. Libby asked what the market rent statistics are for the units. Libby stated in his view this will be an extremely high-demand commodity. Patch stated they are shooting for the range of$1,500 to$2,200 per month rent. The penthouse units will likely run around$3,300 a month. Patch noted there are no new apartment buildings west of 494. Libby stated that is extremely competitive and that the median rent is $2,000. Weber commented one of the hardest concepts that he has been able to grasp is that there is a tremendous desire in the market not to own a home. Weber stated a number of people want the flexibility of an apartment, are willing to pay the rent to live in a nice place, and that Mr. Patch has identified that as a big market in this area. Libby noted this area is pretty devoid of trees. Libby stated he would like to see some larger scale trees. Page 15 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 16,2018 6:30 o'clock p.m. Patch stated they are willing to work with the City on the landscaping. Weber indicated they have hired Otten Brothers to do the landscape and they have been instructed to match the scale of the existing landscaping of Stonebay. Lemke noted most of the topography around the rain gardens is negative. Lemke asked how the rain gardens will work. Weber stated there will only be water in the rain gardens for a limited time depending on the amount of rainfall. Weber noted they will be altering the landscape plan once they receive direction on the stormwater but that he wanted to point out that the stormwater can be taken care of multiple ways. Chair Thiesse opened the public hearing at 8:22 p.m. Louise Kanive, 2670 Kelley Parkway, stated her concern is traffic on Kelley Parkway and that this project will be adding 56 units and possibly 112 drivers. Kanive stated Kelley Parkway cannot take that much traffic. Kanive stated given the water table,the watershed, and putting up so much more concrete from what is currently there, she is also concerned about runoff. Kanive asked whether there can be any egress or ingress off of Highway 12. Thiesse indicated no. Barnhart stated the overall design of the area prohibited access onto Wayzata Boulevard even before the Stonebay development was completed. Barnhart stated Hennepin County is attempting to limit access onto Highway 112. Kanive asked if there is an occupancy permit in Orono. Kanive asked whether someone can have 14 people living with them in a one-bedroom unit; and if there is a limit on the number of people, who would monitor that. Barnhart stated there is not a limit to the number of people the City classifies as a family. Barnhart stated the Building Code has certain requirements relating to occupancy in a building based on the size of the unit or building. Kanive stated there should be some type of limit on the number of people who can occupy a one-bedroom Apartment. Kanive asked what the City's definition of a family is. Barnhart noted that definition will be discussed later this evening, but that a family does not have to be related and there is no limit to the number of people in a family. Barnhart stated the landlord can establish limits on the number of people. Weber stated his experience has been that the number of occupants is handled by the housing ordinance and is not a zoning issue. Weber stated the number of tenants in this case would be controlled by the property owner and the last thing he would want is to have 10 people in a one-bedroom apartment. Page 16 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 16,2018 6:30 o'clock p.m. Weber indicated that would be handled in the lease arrangement and the bigger cities tend to have housing codes. Libby stated cities do use their housing authority to regulate that and that most real estate agents tend to abide by those. Libby stated the Minneapolis Housing Authority allows up to five unrelated people, and if they were blood family members,then it was a different rule. Libby stated unless there were complaints, it was a rare occasion that the Housing Authority did anything to enforce that. Barnhart noted Orono does not have a housing authority. Kanive stated the Stonebay development is not completed and that there are a number of other townhomes that will go in there at some point. Once that happens,they will be adding more onto Kelley Parkway than what is already there. Kanive stated she sees the need for the apartment building but that she is not sure if the location is adequate enough for it. Mike Licht, 2670 Kelley Parkway, stated he is familiar with some of the people involved in the two projects currently under consideration. Licht stated from sitting in the audience, it seems that the City has taken commercially zoned property piece by piece and turned it into residential property. Licht stated in his view both projects will be good from a construction standpoint but that it seems the City is somewhat setting a precedent for one of the bigger pieces that are left to become a residential piece of property as well. Licht stated in the long-term,the piece on the corner could very conceivably be in front of the Planning Commission for an even bigger building. Licht stated when they are increasing the traffic on Kelley Parkway and the density of the property as opposed to commercially zoned parcels,the City should also be thinking about the infrastructure that is needed and not just focus on the project itself. Licht stated it is already difficult to get in and out of there right now and that they will be adding more units this year and again at some point in the future. Thiesse stated it is his understanding traffic counts and infrastructure were anticipated for this area and that what they have learned from other projects is that residential creates less traffic than commercial. Landgraver stated to his knowledge the traffic studies didn't take into account the school expansion and the left turn prohibition onto Old Crystal Bay Road. Landgraver noted this area has two feeders within 150 feet of each other,which are contributing to the traffic problems. Thiesse stated until the school starts handling their traffic better,there will be problems. John Hovanec, 2670 Kelley Parkway, stated it looks to be a terrific building but that he is concerned about Kelley Parkway. Kelley Parkway is currently a two-lane roadway,there are emergency vehicles periodically, and students and parents using the road as a major thorough way. Hovanec stated he also sees lots of kids on the paths. Hovanec stated safety is a great concern of his, and while he knows Hennepin County is attempting to limit entry onto Wayzata Boulevard and the road from Willow Drive west is a project for next year, it might be worth looking at moving some of that traffic from Kelley Parkway back onto Wayzata Boulevard to make it safer and better for everybody. Chair Thiesse closed the public hearing at 8:35 p.m. Page 17 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 16,2018 6:30 o'clock p.m. Barnhart stated with respect to the comments about traffic on Kelley Parkway,the City Engineer and Staff have been working with the school district regarding the traffic and the road layout. Barnhart stated he will see if he can provide additional information on that subject at the City Council meeting. The City Council and the School District does recognize the concerns with traffic backing up on Old Crystal Bay Road and that they are planning longer term solutions to the traffic problems on Old Crystal Bay Road. Libby asked if it is possible to quantify the traffic in the area and compare it to other intersections in the community to see how it compares. Barnhart stated the City could do that but that he is not sure what that would accomplish. Barnhart indicated part of the challenge on Old Crystal Bay Road is the turning movements,which creates more congestion and slower speeds. Hennepin County is also looking at the City to remove driveways off of Wayzata Boulevard. Landgraver commented Staff has done an excellent job reviewing this application and they have identified the ten major issues. Landgraver indicated he is in favor of the project. Thiesse stated he hears the concerns about the traffic but that it is his belief the traffic is being caused more by the school than it is by the development on Kelley. Thiesse noted this is an important piece to all of Orono in meeting the criteria of the Metropolitan Council. Lemke indicated he is in agreement and the project meets the needs of the City. Lemke stated he does have a concern with the two massive buildings next to each other, especially since there is nothing on this lot right now. Thiesse noted there is a vacant lot to the south,which will help to some extent, but that it will be developed at some point. Ressler commented development of that vacant site is inevitable. Ressler stated development of the roads and other things will come along with that development. Ressler stated he agrees a lot of the traffic issues come from Old Crystal Bay Road. Libby stated he is in favor of addressing the shortage of this type of housing and that Orono really does not have any other places to put this. Libby stated he is glad people feel comfortable enough to bring their concerns about the traffic to the City. Libby stated walkability to services is important and helps to reduce the amount of traffic. Erickson stated last week they talked about a plan for the Navarre area and possibly increasing density in that area. Erickson stated if you compare the kind of traffic problems they have in that area to the kind of traffic problems along Wayzata Boulevard,there really is no comparison. Erickson indicated he is very comfortable with both of the projects as it relates to Wayzata Boulevard, which currently has less traffic than it did when it was Highway 12. Erickson stated he is happy to support the project. Erickson moved,Landgraver seconded,to recommend approval of Application No. LA18-000036, Orono Apartments,LLC,John Patch,2745 Kelley Parkway,granting of a Comprehensive Plan Amendment,a Zoning Amendment to RPUD,and recommending approval of the Master Development Plan subject to Staff recommendations. VOTE: Ayes 6,Nays 0. Page 18 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 16,2018 6:30 o'clock p.m. 8. LA18-000024 CITY OF ORONO,TEXT AMENDMENT TO SECTIONS 78-1 AND 82-2 RELATED TO ZONING AND SUBDIVISION DEFINITIONS,INCLUDING IN-KIND,DRY BUILDABLE AND OTHERS,8:45 P.M.—8:58 P.M. Barnhart noted a wrong word was included in the title of the ordinance and that a revised ordinance has been placed before the Planning Commission tonight. Barnhart noted this topic was introduced at the Planning Commission meeting last month and that Staff is proposing some minor changes to the definitions applicable to the zoning ordinance. Staff has identified seven different additions or amendments. The Planning Commission is being asked to give additional feedback at this point. The following nine definitions are being considered: 1. Animal unit. Staff is looking to amend the definition to identify the number of animals that would equal an animal unit. 2. Building height. Staff is looking to amend this definition to remove the height calculation based on the location of the highest window,which does nothing to impact mass and is addressed by building height. 3. Building cornice. Barnhart noted this would be a new definition to the code and specifies that the building height calls on the location of a building cornice in certain roof types. 4. Dry-buildable. This term is currently not defined. Dry buildable is useful in determining the number of lots possible given a particular property and is necessary in preparing subdivision plans. 5. Dwelling. Staff is proposing to amend this definition. The change is intended to clarify the difference between renting a couple of bedrooms and a second unit of bed, bath, kitchen, and living areas, which is not allowed under the rental licensing program. 6. Family. The amended definition is intended to clarify the difference between one and two-family dwelling units. 7. In-kind. This would be a new definition and is one that Staff feels is critical in replacing non- conforming structures and buildings. The Planning Commission may adopt all or parts of the proposed ordinance. Staff recommends approval of the draft ordinance. Lemke asked if dogs are included in the animal units. Barnhart indicated it is primarily farm animals and that dogs and cats are not included. Libby asked who set these numbers and whether there is a reference point from other municipalities as it relates to the animal units. Page 19 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 16,2018 6:30 o'clock p.m. Curtis indicated they are a modified state animal unit but slightly more restrictive. Libby noted as it relates to the words in-kind, a certified fee appraiser often uses the words like kind, meaning that it is something that is close, similar or identical as possible. Libby stated the word in-kind does not have a definitive meaning to him and that perhaps Staff should consider revising that. Thiesse stated currently the ordinance has top of the cornice of a flat roof or the deck line of a mansard roof. Thiesse stated to him the deck line is the roofline and the mansard roof extends above that. Thiesse asked if that is a correct reading of the language. Barnhart stated that is not correct and that the deck line on the mansard roof is the top part. Thiesse noted there are fake mansard roofs. Thiesse asked if they are measuring from the top of the mansard roof. Barnhart indicated that is correct. Chair Thiesse opened the public hearing at 8:54 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 8:54 p.m. Landgraver noted it should read blood or marriage. Barnhart indicated he will strike the word and. Lemke asked if there is a definition for nursing home as opposed to senior housing. Libby commented that is a very antiquated term. Barnhart noted that is existing text and he is not proposing to change that. Lemke stated it could be senior housing or retirement home, and that he would like to see it removed. Barnhart noted the intent there is to quantify similar uses that aid in the understanding of the term nursing home. Lemke asked if a temporary unit would work. Barnhart stated nursing home is a generic term and is fine to be used in this context. Barnhart stated he would recommend keeping it in. Libby asked whether the City Attorney has reviewed the definitions. Barnhart indicated he has. Ressler stated it seems the changes are in line with other cities and that he is supportive of the ordinance. Page 20 of 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 16,2018 6:30 o'clock p.m. Ressler moved,Landgraver seconded,to recommend approval of Application No. LA18-000024, City of Orono,Text Amendment to Sections 78-1 and 82-2 related to zoning and subdivision definitions,including in-kind,dry buildable,and others. VOTE: Ayes 6,Nays 0. 9. UPDATE ON MARCH 12,2018, CITY COUNCIL MEETING None 10. PLANNING COMMISSION LIAISON FOR MAY 14,2018, COUNCIL MEETING— JON RESSLER Barnhart noted most of the items on tonight's agenda will be heard at the May 14 Council meeting. 11. OTHER ISSUES FOR DISCUSSION Thiesse asked if the City is going to be sending out postcard notifications of sketch plans. Barnhart stated that likely will be discussed this summer. Libby stated there is a tremendous amount of dissent and concern with Mediacom both at a business level and at a personal home level. Libby stated there is interest by Century Link,who has fiber optic connectively, on coming into the area. Libby stated he has been in discussions with Century Link's regional design engineer and the Fox Hill neighborhood just ponied out$17,000 for high-speed connectively. Libby stated reliability is terrible with Mediacom, especially at the Freshwater building, and that it is difficult to conduct business over the internet at times. Libby noted he has brought this issue up to the mayor and that he would like to see higher speed internet in more places. Libby stated he can put City representatives in touch with representatives from Century Link if they are interested in pursuing this. PLANNING COMMISSION COMMENTS None ADJOURNMENT Landgraver moved,Lemke seconded,to adjourn the Orono Planning Commission meeting at 9:05 p.m. VOTE: Ayes 6,Nays 0. / /' (----17 :: v, John Thiesse, Chair Page 21 of 21