HomeMy WebLinkAbout10/20/2014 Planning Commission Minutes MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,October 20,2014
6:30 o'clock p.m.
ROLL CALL
The Orono Planning Commission met on the above-mentioned date with the following members present:
Chair Denise Leskinen, Commissioners Bruce Lemke, Christopher McGrann, Chad Olson, Loren
Schoenzeit, and John Thiesse. Representing Staff were Community Development Director Andrew
Mack, Senior Planner Michael Gaffron, City Planner Melanie Curtis, Consulting City Engineer David
Martini, and Recorder Jackie Young. Council Member Printup was present. Commissioner Jon
Schwingler arrived at 6:38 p.m.
Chair Leskinen called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance.
CONSENT AGENDA
*1. APPROVAL OF PLANNING COMMISSION MEETING MINUTE OF SEPTEMBER 15,
2014
Mack noted under Item No. 4 the name of the architect was misspelled and would be corrected by Staff.
Schoenzeit moved,McGrann seconded,to approve the Consent Agenda as amended. VOTE: Ayes
6,Nays 0.
NEW BUSINESS
2. #14-3664 DAVID SCHMID AND ANGELA CILIBERTO,3309 CRYSTAL BAY ROAD,
VARIANCE AND CONDITIONAL USE PERMIT AMENDMENT,6:35 P.M.—6:45 P.M.
David Schmid and Angela Ciliberto,Applicants, were present.
Gaffron noted this application was before the Planning Commission earlier this year and was approved by
the City Council in June of 2014. The applicants have chosen to request some revisions to the parking
area that exists along Crystal Bay Road. The parking area originally was going to be created from a
portion of the existing underground garage, which was to be removed, and construction of a new concrete
rear retaining wall within the garage footprint. That retaining wall would have been approximately 8.5
feet high and would have required fencing or similar barrier at the top for safety purposes.
The applicants are now proposing a parking stall as a parallel stall to the road,which requires an
amendment to the approved site plan. The stall will be approximately 24 feet in width and seven to ten
feet deep, in the location of the existing driveway and slightly west of it. In addition, all existing walls
will be removed and replaced with boulder walls,all of which will be less than four feet in height.
Public Works Director Adam Edwards has reviewed the proposed plan and notes that the parallel stall
will not impede City street maintenance and will likely create a safer situation for a vehicle exiting the
site given the hill on the neighboring property to the east. Grading of the area of the parking stall will
create a slope that is less steep and will tie in better with th existing grades on the adjacent property. Site
drainage will still be routed along the west side of the stairway as previously approved.
Gaffron stated aesthetically the boulder walls may create a more natural look than the existing fieldstone-
faced walls. As part of the project,the existing concrete steps will be replaced with a curved stairway
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leading up from the street to the flatter area near the house as well as some stepping stones around the
house.
The proposed stall has been configured and sized to be equivalent to the existing amount of hard surface
associated with the existing driveway. The stall will be required to be paved. Hardcover with the
proposed configuration will not be increased.
Staff recommends approval of the revisions.
Lemke asked what the surface will be on the parking area.
Gaffron stated the parking area will be required to be paved.
Angela Ciliberto noted Staffs report states the walls would be boulder walls. Ciliberto asked if they
would be allowed to use any steel as part of the retaining wall or whether they would need to submit a
new request. Ciliberto indicated they are attempting to make it appear as natural looking as possible.
Gaffron asked if she is speaking of steel pilings.
Ciliberto indicated it would be a solid sheet similar to a wall with some reinforcement.
Gaffron stated Staff would like to see some type of drawing or engineering design. Gaffron noted the
wall would be four feet high, and if boulders are not going to be used, it likely will have a different
appearance than what is before the Planning Commission tonight.
Thiesse asked if the Planning Commission could request an engineered plan if the wall is under four feet.
Gaffron stated if the wall is less than four feet high,the City does not require it to be engineered,but since
the work is in the 0-75 foot zone and is facing the zone,there may be other issues that should be
addressed.
McGrann asked if the original application called for the wall to stay.
Gaffron stated if the walls stay the way they are depicted in the picture,the new walls would have had to
be engineered.
McGrann indicated he was referring to the stones around the walk and asked whether that area is going to
stay the same.
Gaffron pointed out that area that is to be changed.
McGrann asked whether another notification would need to be sent out given the changes.
Gaffron stated notification was sent out within the required notification area and that no word was heard
from any of the neighbors.
Leskinen asked if the horizontal walls around the sidewalk will be put back. Leskinen noted they have
been removed.
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Gaffron stated the pictures were taken last fall and that there was no intent at the time the building permit
was issued for the wall to go away.
Lemke noted the plan does say proposed wall on that side.
Gaffron stated the proposed plan shows a new wall in two locations. Gaffron stated if those walls are
now gone,the applicants' intent is to replace them with something different, and what is before the
Planning Commission is what is being proposed.
Ciliberto stated all of the walls were removed during the beginning stages of demolition. Ciliberto
indicated the walls were actually connected to the stairway and was one piece of concrete.
Chair Leskinen opened the public hearing at 6:40 p.m.
There were no public comments.
Chair Leskinen closed the public hearing at 6:40 p.m.
Leskinen stated in her view the revisions are an improvement and that she was not comfortable with the
8-foot retaining wall given the safety issues. Leskinen stated she was surprised when she visited the site
yesterday that the other walls were gone,but that there is silt fencing up and it appears to be holding the
ground in place. Leskinen stated it is a reasonable request.
Thiesse stated he would like a condition of approval to be that a plan be presented regarding the steel.
Thiesse stated a steel sheet wall has a maritime look,which would be okay,but that it does not appear the
applicants have a good idea of what type of wall it will be specifically.
Schoenzeit moved,Thiesse seconded,to recommend approval of Application No. 14-3664,David
Schmid and Angela Ciliberto,3309 Crystal Bay Road,granting of a variance and a conditional use
permit,subject to Staff's recommendation and subject to submittal of a plan depicting how the steel
is to be used prior to appearing before the City Council. VOTE: Ayes 7,Nays 0.
3. #14-3691 SOURCE LAND CAPITAL,405 NORTH ARM DRIVE,PRELIMINARY
PLAT, 6:45 P.M.—8:25 P.M.
Pat Hiller, Source Land Capital,was present.
Grittman stated before the Planning Commission tonight is the preliminary plat for the Lakeview project.
This application first appeared before the Planning Commission back in October of 2013 as a concept
subdivision review and the Planning Commission reviewed the material generally. The preliminary plat
application was previously brought before the Planning Commission at its September meeting. At the
time of that hearing, Staff recommended tabling the application,which was done,to allow the applicants
time to submit additional material.
Grittman stated some of the requested material has been submitted and Staff has had an opportunity to
review the documents.
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Grittman stated the Comprehensive Plan Amendment,which started last fall and was approved by the
City Council in January,was initially on the Metropolitan Council agenda for May of 2014. During that
period of time, a determination was made to proceed with an Environmental assessment Worksheet for
the project and the City subsequently requested that the Metropolitan Council table action until
completion of the EAW process. In September of 2014,the City Council made a negative declaration on
the Environmental Assessment finding no potential for significant environmental impacts and further
finding that no Environmental Impact Statement was required. The Comprehensive Plan Amendment is
currently scheduled for Monday,November 3, 2014.
The subject site is zoned RR-1B,which provides for single-family residential uses with lot sizes of two
acres and lot widths of 200 feet. To allow for certain design flexibilities,the applicants have requested a
Planned Residential Development or PRD. The PRD operates as an overlay district that permits,at the
City Council's discretion,a variety of uses and lot dimensions. The applicants are requesting some
flexibility under the PRD for lot width, cul-de-sac length, and street design standards.
The total building area of the site is slightly under 120 acres and will be comprised of 46 single-family
residential lots. One outlot along County Road 19 is also being proposed but will be excluded from the
plat for this development. As a result,the future owner will need to submit an application to develop that
lot. In addition,there is a second outlot along North Arm that has been proposed by the applicants and
neighbors for a possible park. Grittman indicated there are seven lots that are below the 200-foot width
standard but all of the lots meet the two acre minimum.
In addition to the RR-1B and PRD District regulations,the project is also subject to the Conservation
Design principles of the Zoning Ordinance and is a requirement for any subdivision of residential land
consisting of five acres or more in area. The applicants have provided a report relating to the goals and
requirements of the City's Conservation Design requirements. The applicants are proposing to
incorporate 64 acres of the site into a conservation easement,which will be restored and managed as a
natural area with the exception of the septic sites. Grittman indicated a number of the septic sites are
located within the conservation easement area and the applicants have received some advice from their
expert on how to plant and maintain those sites. Grittman noted it will be necessary to incorporate the
initial construction requirements into the development contract and the long-term maintenance
requirements will need to be incorporated into both the development contract and the homeowners
association documents.
Access to the subdivision is proposed via a new street connection between North Arm Drive and West
Branch Road. To accommodate entrance maneuvers into the site, a right-turn lane along the westbound
lane of West Branch is being proposed. The proposed street connection is a through-street and will
provide internal access to many of the new parcels by a series of four cul-de-sacs. The applicants have
indicated that one of their intents with this roadway was to utilize the site's topography as much as
possible.
The applicants are proposing 50-foot width on the rights-of-way along with 28-foot wide streets with
shoulders and rural-section ditches. The streets within the subdivision are proposed to be privately owned
by the homeowners association,with the rights-of-way being located in outlots. The main road into the
development will be intersected by four cul-de-sacs. According to the subdivision ordinance, cul-de-sacs
may not measure greater than 1,000 feet in length with no more than 10 units being provided access by a
cul-de-sac. One of the cul-de-sacs measures 1,200 feet in length and exceeds the maximum standard. In
this particular case,the use of a cul-de-sac rather than a through street, will minimize the land area
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devoted to streets and increase the amount of land devoted to conservation. Flexibility from the
maximum cul-de-sac length standard can be provided through the PRD.
In addition,the applicants have indicated that some of the internal street curves do not meet the City's 30
mile per hour design standard. The City Engineer will need to provide comment on this matter as well as
other street-related issues.
Grittman noted the applicants have conducted a traffic study of the proposed project,which has been
reviewed by the City Engineer. In general the traffic study has found that the area roadways and
intersections have more than sufficient capacity to handle the demand created by the development and
that no changes to existing roadway design are necessary to accommodate the plat. The only exception to
this is the turn lane on westbound West Branch at the development entry point to Lake View Parkway.
A number of the residents had raised concerns over the design and conditions at the intersection of North
Arm and County Road 19,but the study conducted by Hennepin County found that the intersection meets
the minimum visibility requirements and the project will not impact those conditions.
Staff does recommend one possible change to the street pattern. The southern portion of Lake View
Parkway is intended to be aligned with Forest Arms Road to the south. However, due to the entrance
monument island proposed for Lake View,there appears to be a misalignment as it is shown on the plat.
Staff believes that the southbound exit lane of Lake View should be aligned to ensure that concurrent left
turning traffic from both Lake View and Forest Arms Road onto West Branch will not create turning
conflicts.
All proposed lots demonstrate an ability to meet required principal building setbacks. The black boxes on
the plat illustrate the likely or potential building sites but are not the final design for any lot. Each lot is
likely to be custom graded with house design, grading, and driveway access designed for the purchaser.
The proposed plat shows potential building sites that would meet the code requirements for setback and
reasonable driveway access, along with septic and well sites to serve the lot. As a result,no variances
should be needed to accommodate future home construction.
A total f nine outlots are proposed within the subdivision. With the exception of Outlot C and Outlot I,
the proposed outlots will be owned and maintained by the homeowners association. Outlot C is proposed
to be replatted as an individual residential parcel for sale and development at some point in the future.
Outlot I will potentially become a privately owned public park. If the park concept does not work out,the
outlot may be replatted as a residential parcel.
Two trail connections are proposed between North Arm Drive and Lake View Parkway. Grittman stated
it is presumed that these trails will be private in nature but should be confirmed by the applicants and be
specifically addressed within the subdivision development agreement. No trails and/or sidewalks have
been proposed along the periphery of the site.
Approximately one-third of the septic sites are wholly or partially within the conservation easement. The
acceptability of the containment of septic sites within conservation easements should be determined as
part of plat approval. The homeowners association will be responsible for monitoring the use and
maintenance of the conservation easement areas. The City Engineer has provided a number of comments
relating to the septic sites and will need to be integrated into the Planning Commission's review and
recommendations.
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The applicants are also proposing numerous trees along North Arm Drive and the subdivision's interior
street system. In total, 359 new trees have been proposed. As part of the preliminary plat application,the
applicants have submitted a tree preservation plan for review,with the vast majority of the existing trees
being retained.
In the review of the project, Staff discussed each of the issues that could have a bearing on the City's
Comprehensive Plan. If the Planning Commission is ready to recommend approval, Staff would
recommend the following conditions:
1. Grant the PRD approval,which is incorporated into the design.
2. Develop and identify process for property owner notification of use limitations and preservation
requirements in conservation areas.
3. Consider and adopt City Engineer recommendations related to street design and construction.
4. Identify use and availability of trails for public and/or private use.
5. Specify a mechanism to ensure the Homeowners association continuing responsibility for
management maintenance and improvements.
6. Adopt City Engineer recommendations related to septic system locations and treatment.
7. Wells constructed and located according to MDH regulations and plat drawings modified to label
or identify well locations.
8. Redesign the intersection of Lake view Parkway and West Arm/Forest Arms to safer alignment.
9. Lot access (Driveway) locations shall be in accordance with the submitted site plan or,if
relocated, shall meet the City's design specifications and all other zoning regulations as
applicable.
10. The City Engineer should provide comment and recommendation regarding the acceptability of
proposed retaining wall locations and related construction details, including street visibility for
intersections bounded by such walls.
11. Modification of retaining wall locations to support 10-foot setback buffers for septic areas.
12. All utility services shall be provided in underground locations and within designated utility
easements.
13. City Officials determine whether or not Outlot 1 (Privately owned and maintained open space
devoted to public use)is acceptable for City-credited park land.
14. If development identification signage is to be provided,planned sign locations shall be illustrated
on the site plan and subject to City approval. Such signs, if provided, shall meet applicable City
sign requirements and be subject to sign permits.
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15. As part of final plat/PRD approval,the applicants shall enter into a development agreement with
the City and post a financial security required by it. In addition to common development
agreement topics and those identified by other Staff, special elements of the development contract
may include the following items:
a. Homeowners association organization and funding.
b. Process for ensuring ongoing ownership and maintenance of the improvements by the
association and the continued participation by all plat residents.
c. Private property maintenance and use restrictions of the conservation easement.
d. Notification process for future buyers into the plat as to conservation easement,
homeowners association,and other responsibilities.
e. Process necessary for replatting of Outlots C and 1 as residential lots, if applicable.
f. Park dedication requirements specifying the resolution of the proposed park on Outlot 1.
g. Integration of Prairie Restorations' recommendations for conservation easement seeding
and maintenance.
Grittman stated the Planning Commission should review the preliminary plat and the issues raised.
Lemke asked what can and cannot happen within the conservation easement.
Grittman stated the conservation easement areas would be restored and then maintained pursuant to the
plan submitted by the applicant's consultant. The homeowners would not be able to locate buildings or
structures within the easement with the exception of the septic systems.
Lemke asked if approximately one-third of the trees will be removed and whether those will be replaced.
Grittman stated 258 trees will be removed and the applicants are proposing to plant 359 trees. The tree
removal plan calculates the total caliber inches of trees on the site. Approximately 82 percent of the tree
size is being preserved and a little less than 18 percent is being removed. Grittman noted the replacement
trees would be smaller than what exists currently.
Thiesse noted there is no parking being shown for the park.
Grittman stated there are no public trails shown other than the internal trails identified on the plan. There
is a small parking area in the southeast corner consisting of three to four parking spaces that is included.
At this time the design of the park is still up in the air but the sketch plan illustrates some limited parking.
Gaffron stated the City's Comprehensive Plan does not call for a future trail along North Arm but it does
call out a trail along County Road 19. Gaffron stated the whole discussion about the park itself and how
it will be owned and maintained will be presented by the applicants tonight.
Leskinen asked whether there will be an overall grading for the entire development.
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Grittman indicated the proposed grading plan is primarily for the roads and for the driveways in some
areas but that it is conceptual based on the final location of the house plans. The house plans would be
prepared custom site by site.
Leskinen stated her concern relating to that is the lack of an overall grading plan. Leskinen asked if the
City had another development that did not have an overall grading plan and issues developed with regard
to finding what the established grade or original grade was for determining stories.
Gaffron indicated the City has had both situations. Gaffron stated the existing grades that are naturally
occurring on the site are what would be used for determining the number of stories and height of the
homes. The City has also had situations where the grading plan created a new starting point for
measuring height. In this case the applicants are not proposing to do the individual lot creation, and as
each individual lot is built upon,they will be basing the height and measurements on the existing grade.
Schoenzeit asked what percentage of the lots will require variances.
Gaffron stated there should not be variances required for any of the lots except for the seven lots that are
below the lot width requirement. Gaffron stated to his understanding Sheet 301 shows two different types
of buildings and that the darker shades are walkouts and the lighter shades are lookouts. Gaffron stated
the applicant has provided sample grading for each lot but a house on a given site could be relocated
somewhat depending on the location of the septic sites and well.
Grittman indicated Staff has asked for this amount of detail at this stage to show that they could develop
the lot without asking for variances.
Thiesse asked if the tree inventory is based only on the development that is going to occur and not on the
houses that will be placed on the lots.
Grittman stated the tree removals are based on the grading that is shown as part of the plat.
David Nash, Engineer, stated what they show currently is based on the grading plan for the driveways and
houses and that the proposed number of trees to be removed is very close to the final.
Thiesse noted if the property owner decides to relocate the house,there may be some additional impacts.
David Martini stated the majority of Staffs comments are looking down the road when final approval is
requested on the plat. Martini stated one of the first comments relates to traffic. A traffic study was
prepared for the project and in summary it basically shows that the development itself is not going to
contribute enough traffic at any of the existing roads to change the level of service at any of the existing
intersections. All of the intersections currently operate at an A or a B level and that should remain the
same following development of both golf courses.
Martini stated the one thing from a traffic standpoint that is being anticipated is that the access onto West
Branch Road will require a right turn lane for the westbound traffic,which is not identified in the traffic
report but would likely be required by the County.
In addition, Staff has requested more information related to compacted soils on the site and drain tiles,
which goes toward storm water management and understanding the existing conditions. As it relates to
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the conservation design,there are comments relating to protection of the wetland and trees as well as
existing landmarks. Staff has asked for more information as to how that protection would be carried out
as well as how the invasive species will be addressed.
Martini noted all of the wells require a separation from the septic sites of 50 feet. The curves on the street
were also mentioned as not meeting City standards and additional information has been requested to
ensure there are sufficient sight lines and no other safety concerns that need to be addressed.
Patrick Hiller, Source Land Capital, stated he would like to talk about the changes they have made since
the last time they appeared before the Planning Commission. Hiller indicated they have done quite a bit
of thinking about the park and that they are currently showing Outlot I as a public space which they are
calling a privately owned space that would be available to the public. Connections onto North Arm are
available to the public and will connect to Lake View Parkway. Hiller stated while the preliminary plat
drawings show a small parking area, it is not their intent to provide parking and that access will be by the
local residents walking to the park. The two homeowners associations would work to put the land into a
501(c) corporation and would maintain the park in the future.
Hiller noted the exact design of the park is still in flux at this time and that they are working on a
landscape plan for the lot. Hiller indicated the park would be more passive and would like have some
benches and a picnic area along with prairie grasses.
Lemke asked if there is parking along North Arm Road.
Hiller indicated there is not currently and that this is meant to be a walk-up park. Hiller stated in his view
parking would not be compatible with that concept.
Lemke asked if the internal pathways would be open to the public.
Hiller indicated the pathways to North Arm Drive and Lake View would be open to the public and that
they will be installing some signage explaining how the area should be used. Hiller stated the park is
meant to be a walking, contemplative area.
Hiller stated the whole philosophy of the development is to have an extensive conservation area and
refurbishment of the golf course turf. Hiller stated the homeowners will be well aware of what they are
buying into and that the plan at this point is to provide a declaration in the homeowner association
documents as well as another notification document that will be very clear about the conservation areas
and how they should be left natural. The limited access to the conservation areas will be for maintenance.
Hiller indicated they are working with Prairie Restoration to do the site restoration. As part of that,there
will be an ongoing maintenance contract. Limited burns will be done as well as invasive species control.
Prairie Restoration will have access to the conservation areas through their contract with the homeowners
association and the conservation areas will be denoted with signage. In addition,the homeowners will be
provided with documentation on how that conservation area relates to their parcel. Hiller indicated they
are currently working with an attorney and that as they get closer to final plat,those documents will be
available for Staff to review.
Hiller stated as it relates to the trees on the site, 17.8 percent of the trees will be removed. One of the
concerns of the engineers is invasive species control. Hiller stated since they are creating a new
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ecosystem,there are a few species of trees that are inconsistent with that, such as red cedars,junipers,
Colorado spruces,cottonwoods and ash/box elders. Those trees will be thinned to promote healthy
growth of young oaks,maples and basswoods. Hiller stated they would like some flexibility with further
tree removal in light of the fact that they are creating this new ecosystem.
The current landscape plan shows the addition of 359 trees along the boulevards per City Code,which is
one every 40 feet.Hiller stated he is not sure whether the City would like that in light of the prairie
restoration and that they are seeking complete relief of that tree requirement in light of the extensive site
restoration and other costs being incurred. Hiller noted the vast majority of trees on the site will be
maintained even with the possible removal of other trees in connection with the prairie restoration or
building sites.
Schoenzeit noted one of the requests that is still open is whether the site is able to handle all of the water
and not pass it on to the adjoining property owners. Schoenzeit asked if that has been addressed.
Hiller stated there are basically four culverts where the water currently exits the site. Hiller pointed out
on the overhead the location of the culverts. Hiller stated three of the four currently flow out and one
flows in. The concern raised by one of the neighbors related to one of the culverts. Hiller indicated they
will be re-grading that area and the water will be kept on site and diverted to another drainage area.
Chair Leskinen opened the public hearing at 7:33 p.m.
Donna Hager, 4580 West Branch Road, stated she lives on the south side of the golf course and that she
really likes the idea of having nature around her. Hager stated she has a number of trees on her property
and that this area has been cited as a critical corridor for wildlife. Hager indicated she has a problem with
the development because she will be able to look out her back window and see all of these posts that say
septic in the conservation areas. Hager commented that seems like an oxymoron since there is this area
for nature but yet it has a septic system.
Hager noted a few years ago the golf course decided to raise the green located behind her house,as well
as the tee-off area, and tons of dirt were brought in,which pushed the green and tee-off area closer to her
house. Hager indicated that work resulted in water runoff toward her house and toward the neighbor's
house and essentially created a wetland even though her home was built into a hill. Hager indicated there
is also a deep ditch that runs down between her neighbor's property and her property. Currently the
neighbor's yard is filled with water every spring down by the road and that there are definitely water
problems at the present time.
Hager stated she does not know a lot about septic systems but that she does know mound systems will
raise the grade of the land,which will likely cause additional runoff onto her property. Hager noted her
basement was flooded this spring, which has never occurred to that degree before. Hager stated she is
attempting to envision what it will be like when the mound systems are installed. Hager stated the mound
systems will also impede her view of the golf course,which was already impeded when the green was
raised. Hager stated she does not want contaminated water or additional runoff onto her property since it
affects the value of her property and her life.
Mike Schulte, 4640 West Branch Road, stated he also has some concerns regarding the water runoff and
that he is one of Donna Hager's neighbors. Schulte stated at the present time the locations of all the drain
tile is unknown and that Bolton and Menk has provided Exhibits B and C, which raise a lot of questions
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as far as the runoff and the septic systems. Schulte stated those questions need to be answered prior to
going much further with this.
Schulte stated in addition to the water issues,he also has a concern with the amount of traffic coming in
and out of the development as well as additional traffic going up and down West Branch Road. Schulte
stated the exit and entrance across from Forest Arms Lane may require a left-hand turn lane since it is a
45 mile an hour speed zone. Schulte indicated a lot of people walk the road and that you can be surprised
by vehicles. Schulte stated he understands the need for the right-hand turn lane heading west but that
there should also be a turn lane for traffic going east.
Schulte reiterated that there are a number of questions that still need to be answered before this proceeds
to the City Council.
Brenda Johnson, 520 North Arm Drive, stated she also has a concern with the water runoff, and that they
have always thought there was an underground tiling system that goes under the road and into her
property as well as the neighbors' properties. Johnson stated she would like that to be discontinued since
it does have an impact on the neighboring properties.
Johnson stated she would also like to thank the developer for his collaboration with the neighbors on the
park.
Lucy Mitchell, 740 North Arm Drive, stated she would like clarification on the culvert near her property.
Mitchell noted initially they were told that culvert would be plugged up and then at the last meeting she
was told that they are not going to plug it up. Mitchell indicated she is also very worried about the septic
tanks leaking and that she would like to ask on the record who would pay for any waste or runoff that
comes on to her property if the culvert is not plugged up.
Hiller stated at the last meeting he mistakenly thought it was a different culvert and that the culvert will
be plugged and rerouted.
Dave Nash indicated they will not be completely plugging it up but that they will be creating a berm to
divert the water. Nash stated whatever water that goes into the ditch off of the road will go through that
culvert but that the majority or approximately 95 percent of the runoff will be diverted the other way.
Mitchell stated she has a major concern with it since they currently experience flooding and that she is
also very worried about the septic tanks and the waste.
Hiller stated the waste from the septic sites is a different issue and should not be a problem. Hiller stated
in his view, with 95 percent of the water being diverted, it should have a major difference. Hiller noted it
was not part of the original plan but that they are agreeable to doing it.
Tom Mazer, 560 North Arm Drive, stated he is currently the president of Victoria Estates Homeowners
Association and that their organization is very much in support and in favor of the privately owned space
discussed tonight. Mazer indicated the homeowners association is very open in the future to support that
concept in any way they can.
Chair Leskinen closed the public hearing at 7:47 p.m.
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6:30 o'clock p.m.
Schoenzeit asked if there are any water management or storm water ponds that the homeowners can be
expected to use. Schoenzeit stated if there is not,people might be back here with neighbor versus
neighbor. Schoenzeit stated in his view there needs to be built in resources for the individual
homeowners to take advantage of.
Hiller stated there are stormwater ponds located on the site. Hiller stated the basic idea is that the
stormwater will drain into the conservation areas and the prairie grasses will catch a lot of the water and
act as a filtration. In addition,there are several smaller filtration ponds in the ditches and the water will be
funneled into the filtration sites before leaving the site.
Schoenzeit asked if those are in the conservation areas.
Hiller stated some of them are in the conservation areas.
Dave Nash stated all of the storm drainage areas are located in the outlots for the public roads,which will
be part of the drainage for the entire site. The majority of the sites will drain into filtration basins within
the swales and ditches. Nash stated the runoff that goes to the back of the lots will be protected by the
conservation easement.
Schoenzeit asked if these are multi-hundred year capacities.
Nash stated they are required to meet a 100-year flood event.
Leskinen asked if homeowners would be required to submit a grading plan along with their building
permit.
Gaffron noted these lots are two acre lots and that in the past where the City has had problems is on the
smaller lots. Gaffron stated every new house that gets built will need to provide a grading plan to make
sure it does not have an impact on neighboring properties. Gaffron stated to a great extent the proposed
plan has many homes on sites where the water will drain naturally and that he does not believe there will
be issues with individual homes affecting the neighboring property,but that it will be looked at with
every lot.
Martini stated as this development is put together,the existing drainage patterns will be maintained.
Martini noted whenever you are dealing with a site this big,there will be different drainage areas that go
different directions, and from a rules and process standpoint,you would look at the facilities on site to
maintain existing flows. Martini indicated treatment components will be incorporated into the project and
that Staff will ensure those areas are maintained as well as the overall integrity of the drainage.
Nash stated they are not aware of where all the drain tile is located on the site,but that if any drain tile is
encountered during grading,the work will be stopped and the drain tile will be dealt with. Nash stated
they will attempt to locate what they can during construction and that they will address that with the
contractor during the construction process.
Thiesse asked if they would chase it or break them.
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6:30 o'clock p.m.
Nash stated they likely will not break it since that could cause problems in other areas and that they will
look at maintaining that drainage and diverting it into a ditch. Nash reiterated they will not ignore the
drain tile.
Thiesse asked if the culvert that is leaving the property will be largely city water.
Nash indicated that is correct. Nash stated they will be redirecting two of the culverts but that one of the
culverts is located in such a physically low area that the water cannot be diverted somewhere else.
Mike Schulte pointed out that Exhibit B is the engineering report and that it raises a number of concerns
that need to be addressed. The report states that prior to this being a golf course, it was used as cropland
and the wetland delineation report indicates an extensive agricultural tile system is still in place. After
conversion to a golf course,additional tile may also have been installed. Additionally, golf course
operations likely compacted soil in fairways and greens. The report should be revised to indicate
locations of existing tile and areas of potentially compacted soil.
Schulte noted the contractor has not identified that and that Exhibits B and C raise some serious questions
that need to be answered. Schulte stated as you look at where Donna Hager and his properties are
located,there is some low ground that was created as a result of the raised green. Schulte stated they do
not know where the drain tiles are at and that it is a concern for a lot of the residents on the south side of
the golf course.
Thiesse stated short of digging up the whole property, it appears the developer is doing what he can to
find them.
Leskinen stated the Planning Commission is not able to address every particular issue in this forum but
that any condition or referral to the City Council can include the recommendations of the City Engineer
and addressed prior to approval of the preliminary or final plat. Leskinen noted there are a few stages left
to go in this process before work begins.
Leskinen asked if he is talking about the individual contractors that will be used as the homes are built or
whether he is talking about as they begin earth movement and construction of the roads.
David Nash indicated he would only have control during the construction of the roads.
Thiesse asked if the former owner of the property has any extra knowledge about where the drain tile was
installed.
Hiller stated the majority of the drain tile that he is aware of is in the natural drainage path,which will be
replaced.
Thiesse noted the neighbors are talking about the No. 3 green.
Schulte stated he has mentioned it before but that no one seems to be concerned about the runoff to the
south.
Thiesse stated that is not true.
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Schulte stated the master plan should have a consistency to it to make sure the flow is restored to its
natural state and that they should not ignore the drain tiles that are there. Schulte noted some of the septic
sites are very close to the drain tiles.
Leskinen asked if the septic sites that are located in the conservation easement are the ones that he is
concerned about.
Schulte stated Lots 16 and 17 of Block 1 have two septic systems. Schulte stated the primary or alternate
sites are close to the drain tile in that area which runs to his property.
Gaffron displayed the layout of the development depicting the septic systems.
Rusty Olson, Septic Designer, stated the actual green on Lot 16 is west of that area. The swale is south
and is closer to the property line or south of the other site.
Schulte indicated that is all drain tile.
Olson stated as it relates to primary and future septic sites,he did not designate those on the plan but that
he can pick a primary and a future and label it on the plan.
Schulte stated the report does not identify those as primary or alternate sites.
Olson stated it would be nice if the homeowner could have a little input into that.
Schulte indicated he understands that. Schulte noted Lot 17 shows a low area.
Olson stated the absorption area is greater than 50 feet from the wetland and that the mound systems will
be lower than the top of the hill so the systems will not affect the view.
Schulte stated his concern relates more to the drain tile and not to the view.
Leskinen stated the Planning Commission and Staff are attempting to address each issue as they come up,
and that short of digging up the entire site,they are limited in what they can do to address it. Leskinen
noted there are still a few steps left in the process where these issues can be addressed.
Andrew Mack stated there is technology available today that can be employed without the need to
conduct extensive probing and digging on the site. As it relates to the septic sites, Staff would be
principally concerned about the principal drain sites and that flowage of septic anywhere off of the site
will not happen and is not allowed.
Mack stated the equipment he is referring to is ground penetrating radar that can detect where some of the
plastic drain tiles are located. Mack stated that is something that could be imposed as a condition prior to
the issuance of any building permit of the site.
Schoenzeit stated another bigger picture question is the water quality of Forest Lake. Schoenzeit asked
what the project's plans are to make sure it does not get degraded any further.
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6:30 o'clock p.m.
Nash stated their storm water management requires that and the water quality should be improved with
the biofiltration systems that are being installed. Nash stated essentially the site currently has no
treatment before it leaves the site and so from that standpoint it will improve. Nash stated in addition the
Watershed District has indicated they want to monitor how much the water quality will be improved and
have installed a monitoring system on the culvert located on the south side of the road to see how much it
does improve. Nash noted they have to improve it under the rules.
Schoenzeit asked if there is a number of BMPs that they have to meet to improve that.
Nash stated they have to submit a full storm water management report that will be reviewed by the City
and the Watershed District that will spell that out.
Leskinen stated she is going to pull away from the water issues for a while and talk about some of the
other aspects of the project. Leskinen stated in her view the developer has made great strides on the
development and that the privately owned space is a great idea. Leskinen stated in her view there has
been good collaboration with the neighbors and the homeowners association.
Leskinen stated with regard to the requirement for the boulevard trees, she would be in favor of asking the
Council to grant some flexibility on that. Leskinen noted the City saw an application not so very long ago
where they did not want the contrived look of a tree every 40 feet along the boulevard and that she would
like to recommend to the City Council to grant some flexibility with that. Leskinen stated the number of
trees being planted would likely not be reduced but that the trees could perhaps be located elsewhere.
Leskinen stated she also likes the idea of a conservation area surrounding the site since that will help keep
the development more natural looking. Leskinen stated maintenance of any septic systems in the
conservation areas will need to be spelled out and that she would suggest the Planning Commission make
that recommendation as well.
Leskinen stated continued attention to onsite storm water management and water management would also
be in her recommendations.
McGrann stated he is in agreement that the developer has been very thoughtful about the neighbors'
concerns and that the private ownership of the public space is a great idea. McGrann stated he is not sure
it has to be a destination park and that no parking might prevent attracting others to the area,particularly
in light of the fact that the homeowners associations will be involved in the ownership of it.
McGrann stated in his view the City need to have something to show that they are putting in more trees
throughout the development or in the public space than what are being removed. McGrann stated he also
agrees that the drain tiles is an issue that needs to be addressed and that it might be more appropriate to
address it on a site-by-site basis.
Schwingler stated he does not have much more to add to what has already been stated. Schwingler noted
attempting to identify the drain tile up front would delay the project and that it can be handled on a site-
by-site basis. Schwingler stated he wants Staff to ensure that the water drainage off of Lots 16 and 17 is
addressed.
Schwingler stated in his view a housing development versus a golf course will be an improvement to the
lake and that overall the development is a great community project that is coming together based on how
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the project started to where they are today. Schwingler stated in his view the City will benefit in the long
run.
Schoenzeit stated he would support flexibility in the placement of the trees but not the quantity.
Schoenzeit stated in his view the developer is working hard on the water issues but that there may be
some bad blood with the golf course owner that may need to be addressed.
Chad Olson indicated he is in agreement with what has been stated so far by the Planning Commission
and that while the water problems may not be completed resolved for the neighbors, it sounds like they
may be mitigated quite a bit.
Lemke indicated he agrees with not reducing the quantity of trees but perhaps the location. Lemke stated
the majority of the issues have been addressed and that the rest of the items will be addressed during the
rest of the process.
Thiesse stated the concerns that were raised tonight can be addressed in the plans and that the plans have
progressed to the point where those can be addressed. Thiesse indicated he would prefer groves of trees
rather than prairie grasses in some areas if the developer would prefer not to plant them along the
boulevard.
Thiesse stated he would also question whether the monument island is necessary but that overall the
development is a wonderful addition to the City.
Leskinen stated she is very comfortable with the way Staff's recommendations are laid out as well as the
engineer's recommendations. Leskinen indicated she would look for a motion to approve the preliminary
plat incorporating all 16 of Staff's recommendations. Leskinen noted No. 16 incorporates all
recommendations of the City Engineer and Staff. Leskinen indicated the motion could also include the
recommendation for flexibility on the placement of the boulevard trees.
Schoenzeit stated he would also like to encourage that the publicly owned park be included in the final
plat.
Schoenzeit moved,Lemke seconded,to recommend approval of Application No. 14-3691, Source
Land Capital,405 North Arm Drive,granting of preliminary plat approval,subject to the sixteen
recommendations outlined in Staff's report,along with the recommendation that the developer be
given flexibility on the placement of the trees, and with the recommendation that the privately
owned public parcel be included in the final plat. VOTE: Ayes 7,Nays 0.
4. #14-3692 ANTHONY SARENPA,2620 FOX STREET AND 2630 FOX STREET,LOT
LINE REARRANGEMENT,8:26 P.M.—8:30 P.M.
Anthony Sarenpa, Applicant, was present.
Curtis stated this application contemplates a lot line rearrangement between the properties at 2620 Fox
Street owned by the Jaffreys and 2630 Fox Street owned by the Sarenpas. The applicant is requesting
approval to transfer the north 64 feet of the Jaffrey property to be combined with the Sarenpa property.
The lot line rearrangement will not result in the creation of a new buildable lot or any new nonconformity.
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The RR-1B zoning district requires a minimum of 2.0 acres and 200 feet of frontage width per lot. Both
• properties currently exceed this minimum standard. Following the lot line rearrangement,both properties
will continue to be conforming with regard to width and area. There are no improvements or public
easements within the portion of the property to be exchanged.
New deeds must be created for both properties reflecting the new legal description. Because this is a lot
line rearrangement which results in no additional buildable lots,park fees and stormwater trunk fees will
not be required.
Staff recommends approval of the application subject to the portion of the property being exchanged
being legally combined with the Sarenpa property and not remain as a stand-alone lot as well as the
recording of new deeds with the revised legal descriptions.
The Planning Commission should hold the public hearing regarding the lot line rearrangement and make a
recommendation to the City Council.
The Planning Commission had no questions for Staff.
Chair Leskinen opened the public hearing at 8:29 p.m.
There were no public comments.
Chair Leskinen closed the public hearing at 8:29 p.m.
Leskinen stated the application is very straight forward and that she does not see any reason for it not to
go forward.
McGrann moved,Schwingler seconded,to recommend approval of Application No. 14-3692,
Anthony Sarenpa,2620 Fox Street and 2630 Fox Street,granting of a lot line rearrangement.
VOTE: Ayes 7,Nays 0.
5. #14-3693 STREETER AND ASSOCIATES ON BEHALF OF ROERT BROOK AND
SHARON QUINN, 1165 FERNDALE ROAD WEST,VARIANCE AND CONDITIONAL USE
PERMIT,8:30 P.M.—9:00 P.M.
Todd Irvine,Keenan& Sveiven was present.
Mack stated the applicant is requesting approval of a conditional use permit for grading and filling in the
100-year floodplain as well as variances for lot size lot width,hardcover, structural coverage, and side
street setback, and hardcover improvements in the 0-75 foot lake setback area. This plan is different from
the original plan that was granted approval by the City back in 2009,which was a complete tear down and
reconstruct.
With the sale of the property,the new owners have engaged Streeter and Associates to remodel the
structure and construct a 12-foot addition onto the east side of an existing one-story single-family
residence, add a new patio and walkways,and modify the driveway area. The proposal involves a
conditional use permit for grading and fills in the 100-year floodplain for the driveway modification with
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mitigation proposed in the wetland area at the northwest corner of the site on the other side of the private
shared driveway from Ferndale Avenue west.
The proposed driveway changes include elimination of a second approach to Ferndale from the circle
drive area and a corresponding decrease in total driveway hardcover for the site.
Mack indicated the amount of structural coverage is a slight increase over what is allowed. The amount
of addition to the home is very modest in size and does not really change the general layout, look and feel
of the property itself.
Mack noted there is an area of hardcover for the patio that is proposed and essentially runs in front of the
75-foot setback line. Mack illustrated the areas of the hardcover being added on the overhead monitor.
Mack noted the amount of total site hardcover is proposed to be reduced on the property by 7.34 percent
and the second driveway access to Ferndale Road is proposed to be removed, which improves safety for
the roadway. That portion of the site will be returned to green space and additional landscaping is
proposed to be planted along Ferndale Road. This will result in a substantial improvement of the property
along the roadway.
With the proposal as presented, Staff is in support with the following conditions:
1. Hardcover in the 0-75 foot zone from the lake shall not increase above the level of 275 square
feet. Low level perennial plantings shall be added along the new patio area on the lakeside of the
residence to soften and enhance visual appearance of the hardscape areas from the lake.
2. The proposed driveway improvements and changes shall be completed prior to fmal occupancy
approval of the residence addition.
3. Final approval of the MCWD for the floodplain mitigation plan and approval of the grading and
drainage erosion control plans shall be obtained and provided to the City prior to issuance of any
site work or building permits for the proposed addition.
Mack noted Staff's report contains a number of findings for the approval of the variances and the
conditional use permit.
Leskinen asked when he expects approval from the Minnehaha Creek Watershed District.
Mack indicated that is the verbal comment that was received from the MCWD manager but that he does
not have anything in writing at this point.
Leskinen asked if he anticipates approval prior to the application appearing before the City Council.
Mack stated he does.
Todd Irvine, Keenan& Sveiven, Landscape Architect, stated he is here to answer any questions the
Planning Commission may have.
Chair Leskinen opened the public hearing at 8:42 p.m.
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6:30 o'clock p.m.
There were no public comments.
Chair Leskinen closed the public hearing at 8:42 p.m.
Leskinen stated she was at the site yesterday and was given access by the homeowner to the back yard up
to the lake and up on the patio. Leskinen stated she is very much in favor of the small addition over the
tear down since the original house is low to the ground and has a historic pump house. Leskinen noted
the majority of the patio is already there but needs replacing with the exception of the little addition in
front of the windows. Leskinen stated in her view this proposal is less impactful than what the teardown
and rebuild would have been.
Schoenzeit stated the landscaping changes look appropriate but that adding another two percent of
structural coverage is an issue. Schoenzeit noted the house is big and cannot support the structural
coverage portion of the request.
Leskinen stated she perhaps misread the report but that she was thinking it was less structural coverage
than what was approved for the teardown. Leskinen asked if the proposed structural coverage is less than
what was previously approved.
Mack stated the original approval reduced hardcover by roughly 700 square feet which is still the case
with the new proposal.
Curtis stated to her recollection there was not a structural coverage variance with the rebuild.
Thiesse noted structural coverage is being reduced to 13.9 percent. Thiesse stated they kept the low
profile of the house and that there is probably something lacking in the old house that requires the
addition and that he would give them the benefit of the doubt. Thiesse stated the addition does not
overpower the lot and that he would be willing to grant them the extra structural coverage since they own
the lot across the street.
Schoenzeit stated any other lot can easily hide two percent more structural coverage and questioned
whether the limit should become 17 percent. Schoenzeit noted they have a 2,000 square foot footprint.
Thiesse stated those are numbers that the applicants say reflect that they have done this instead of this and
that they are proposing less than what was originally approved.
Schoenzeit asked if the house is torn down,whether they would have to go back to the 15 percent if 17
percent is approved now.
Mack noted the applicants do not get to take advantage of what is on the other side of the roadway even
though that s part of the land that they own. Mack stated as a result of that,there is some inhereynt
practical difficulty in that.
Schoenzeit stated there are likely other lots in the City that have land on the other side of the roadway.
Thiesse stated the structural coverage number is no different than the 75-foot setback or hardcover but
that it is a number that the City has not been willing to change in the past.
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Schoenzeit asked whether the 17 percent would be grandfathered in and would have to be granted for an
in-kind rebuild.
Gaffron stated the Planning Commission will need to outline the justification for the increase. Gaffron
stated that should not become the new standard but that the Planning Commission should make findings
that make this variance unique so the next application does not automatically get the 17 percent.
Thiesse indicated he is in agreement with that.
McGrann asked what structural coverage the lot would support if there was a rebuild.
Schoenzeit stated if the 17 percent is granted now, if the house burnt down, they could rebuild in the 17
percent footprint.
Mack noted he drafted Finding No. 4,proposal which reads that the proposal involves a 2 percent
structural coverage variance but is offset by the fact that additional land area is owned with the property
on the opposite side of Ferndale Road West even though it cannot be technically applied to the lakeward
side of the property.
Mack illustrated on the overhead monitor the survey and the piece of land located across the roadway.
Leskinen asked how big the parcel is across the street.
Curtis indicated it is 3.56 acres.
Schoenzeit stated the concern is the extra two percent in structural coverage.
Todd Irvine stated he is not sure where the additional square footage of 595 square feet came from.
Schoenzeit stated there is an addition to the building in addition to the landscaping.
Irvine noted the addition is only 269 square feet.
Mack stated Staff used the applicants' hardcover calculation worksheet for the proposed and identified
which ones of those were hardcover versus structure. Mack stated it is possible the addition constitutes
less structural coverage than what is listed in Staffs report.
Schoenzeit noted there are lots of things that are structural, such as a 6-foot tall deck.
Irvine noted that is the only structural addition that is being proposed.
Schoenzeit stated the worksheet might be wrong that Staff took the numbers from.
Irvine stated the worksheet was not prepared by them and that the house addition is 269 square feet.
Schoenzeit stated the surveyor's worksheet might be wrong.
Irvine stated the surveyor's worksheet reflects 269 square feet.
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Mack stated the 269 square feet would be the amount of variance that would be needed for the structural
coverage. Mack stated the new addition area is what triggers the variance but that the calculation itself
would be as per the surveyor's worksheet. Mack stated the Planning Commission is being asked to
approve a variance for what the new total is even though it is less than what was previously approved.
Curtis stated the old amount was 3,507 square feet in the last application. Curtis asked how much
structure is being added.
Irvine indicated it is 269 square feet.
Curtis stated to her understanding they would not be exceeding the 15 percent.
Schoenzeit stated the worksheets are obviously wrong.
Curtis asked if the stairs and decking within the 75 feet area of the lake have a railing and whether they
exceed six feet in height.
Mack indicated it does not.
Curtis stated then that would not be counted as structural coverage and the 972 square feet would not be
considered structure.
Mack stated that probably clarifies it.
Thiesse stated a stone building is a practical difficulty in his view.
Sharon Quinn indicated it is a historical landmark and cannot be removed.
Schoenzeit stated if the 972 square feet is removed,the numbers would then work out.
Mack stated he did not verify the height of the steps.
Irvin stated he comes up with 4,120 square feet with the house addition and the stone buildings,which
would be considered structure.
Schwingler stated it would be under 15 percent then.
Mack stated the structural coverage variance would not be required then but that Staff will verify the
numbers.
Leskinen asked whether the application should be tabled.
Curtis stated the numbers that have been submitted are not incorrect and that Staff's report is incorrect.
Leskinen stated the Planning Commission will then ignore the structural coverage variance.
Mack stated Staff's report will be corrected prior to the City Council meeting.
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Monday,October 20,2014
6:30 o'clock p.m.
Schoenzeit moved,Lemke seconded,to recommend approval of Application No. 14-3693, Streeter
&Associates,on behalf of Robert Brook and Sharon Quinn, 1165 Ferndale Road West, granting of
a conditional use permit for grading and fill within the 100-year floodplain and granting of lot area,
lot width,side street setback, and hardcover variances subject to Staff recommendations,with the
understanding that no structural coverage variance is required. VOTE: Ayes 7,Nays 0.
6. #14-3694 PETER RENNEBOHM,4565 BAYSIDE ROAD,PRELIMINARY PLAT,9:01
P.M.—9:30 P.M.
Peter Rennebohm,Applicant, was present.
Curtis stated before the Planning Commission tonight is a proposed subdivision of a 10-plus acre property
into two buildable lots. The proposal is in conformity with the guiding for the area,which is single
family rural residential,with a maximum density of one unit per two acres. The proposed development
generally conforms to the two-acre dry buildable area,200-foot width standards of the RR-1B District and
it is consistent with the surrounding neighborhood.
The property is situated to the south of Bayside Road,otherwise known as County State Aid Highway 84.
Septic testing has been conducted and the site evaluations have been approved by the City.
Proposed Lot 1 will have 2.24 acres dry land and a third of an acre of a wetland that straddles the
proposed common lot line. This lot is proposed to have approximately 389 feet of frontage along Bayside
Road and there is a sufficient building envelope available where all the required setbacks can be met.
Proposed Lot 2 has 278-plus feet in width along Bayside Road and contains 6.83-plus dry acres in area.
There are two small portions of wetlands on this lot, with one wetland being shared with Lot 1 and
another in the northwest corner along Bayside Road. All required setbacks can be reasonably met when
this lot is developed with a new home.
The applicant is proposing to maintain the existing driveway access serving proposed Lot 2 and to create
a new private driveway access for Lot 1. An access permit is required from Hennepin County in order to
create the access. The County has submitted comments regarding the preliminary plat,which are
included in the Planning Commission's packet. The City has requested clarification regarding the
singular access recommendation but has not yet received a response.
The Rural Oasis Study and Conservation Design Master Planning process has been formulated to help
determine on a case-by-case basis what natural values should be preserved during subdivision.
Technically the size of this property triggers the need for a conservation design plan to be submitted. The
applicant has not yet provided a conservation design plan for review. The applicants were notified of this
requirement late in the process. The property has sizeable areas of existing woods throughout and tree
preservation easements should be considered.
According to the survey,there are two wetlands on the property. A wetland delineation report has been
submitted and is Exhibit E. The application for approval of the delineation by the Minnehaha Creek
Watershed District is Exhibit F. The requirement for establishment of wetland buffers falls under the
jurisdiction of the MCWD. The City requires a minimum of a 35-foot setback from the delineated edge
or a 10-foot setback from portions of a required buffer,whichever is greater. The applicant's plan shows
a 30-foot vegetated buffer around the portions of the wetlands within the property. If this is the buffer
Page 22 of 28
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requirement that is required by the MCWD,the City's 10-foot buffer setback would apply for a total of a
40-foot wetland setback.
The City will require flowage and conservation easements over all wetlands and buffers designated on the
site. Standard perimeter utility and drainage easements will be required around all the property boundaries
and conservation easements over wooded areas or other features may be deemed necessary following a
conservation design analysis. The development is subject to stormwater and drainage trunk fees and one
unit of park fee.
The City's 2008-2030 Comprehensive Trail System Map does indicate that a future trail is planned along
Bayside Road. Curtis noted another development,Bayside Meadows, was required to grant a trail
easement over the 50-foot outlot for their road. The Planning Commission should discuss the merits of an
easement over this property for trail purposes adjacent to Bayside Road. In addition,the Park
Commission will discuss the need for a trail at their November 3 meeting.
The property is not located within the MUSA and therefore sewer service is not available to these
properties. The properties are proposed to be served by septic systems and private wells. All septic
systems must be located 20 feet from all property boundaries,20 feet from structures,hardcover,and the
delineated edge of wetlands. Private wells should be set back three feet from structures and 50 feet from
septic systems. Septic system designs have been submitted to the City and have been approved.
As noted previously, a conservation design report has not yet been submitted. This report should identify
areas where trees and positive views should be preserved. The plan should also outline invasive,non-
native species to be removed. The Planning Commission should direct the applicant in this regard and
also identify areas which should be reviewed,protected, or preserved as part of the plat if appropriate.
Staff recommends the Planning Commission go through the known issues identified within the Staff
report and discuss with the applicant the available options. The Planning Commission should direct the
applicant regarding submittal of the conservation design plan.
Staff recommends approval of the preliminary plat subject to the submittal of a conservation design report
prior to placement on the City Council's agenda for review.
The Planning Commission had no questions for Staff.
Peter Rennebohm,Applicant, indicated he has nothing to add to Staff's report.
Chair Leskinen opened the public hearing at 9:08 p.m.
There were no public comments regarding this application.
Chair Leskinen closed the public hearing at 9:08 p.m.
Leskinen stated she noted in the report that Hennepin County is not fond of another curb cut and that they
would prefer a shared driveway.
Curtis indicated that is Hennepin County's recommendation and that they are the permitting body. Curtis
stated since Staff did not receive any clarification from Hennepin County,they would read that as a
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recommendation. If the applicant applies for and is denied a direct access by the County,that issue would
need to be revisited and,if need be, a shared driveway could be accommodated but that the vegetation in
that area would be disturbed. Curtis stated she would recommend the Planning Commission proceed as
proposed.
Thiesse asked if the City has only acquired the ability for a trail in one location so far.
Curtis indicated Bayside Meadows has a 50-foot segment.
Thiesse stated given the location of the Luce Line,this area has a pretty low priority for a trail and that he
does not see a big opportunity for other developments along Bayside Road near this property.
Gaffron stated the City is looking at approximately$3.5 million to create the trails as outlined in the
Comprehensive Plan and that it is not likely there will be a trail in this area for the foreseeable future.
Mack noted the proposed 2040 bike plan is open for public comment through December 6 and that this
county road is not shown as a proposed trail as part of that plan. Mack stated in his view Commissioner
Thiesse's comment is right on the mark about the proximity to the Luce Line Trail.
Schoenzeit stated as long as this is a new development,the City should obtain an easement since the
Comprehensive Plan identifies it.
Lemke indicated he is neutral on that.
Leskinen asked what level of direction is required in regards to the Conservation Design. Leskinen asked
if the Planning Commission should identify areas they would like to see preserved within that area.
Curtis indicated the Planning Commission can identify different things if they would like Staff to make a
note of that.
Thiesse asked if it is for both properties.
Curtis indicated it would be for the entire 10-acre piece.
Leskinen asked if the house would remain.
Curtis indicated it will.
Schoenzeit stated if the City does not collect an easement on this development, it may set a bad precedent
going into the future. Schoenzeit stated in his view trails are valuable and that the City has an obligation
to collect them in order to be consistent.
Leskinen stated she would preserve as many trees as possible as part of the Conservation Design but that
this is a relatively small parcel in the front and that there does not to be much in the back that will be
disrupted. Leskinen stated in her view this is a pretty straight forward application.
Thiesse stated there will not be a lot to salvage on the lot given the septic sites and the wetlands.
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Leskinen stated the larger lot would be subject to the same review again if it is subdivided.
Thiesse asked what the Planning Commission's recommendation is regarding the conservation design.
Leskinen stated the report needs to be done and in place prior to being placed on the City Council agenda.
Leskinen indicated she is not sure she would go so far as to request a tree preservation easement.
Curtis noted the City would have no control over someone who purchased the property and redeveloped it
with a single-family since there is no preservation in place and that this application would be the trigger
for that.
Thiesse asked how close the proposed driveway comes to aligning with the road.
Curtis stated the road is located on the north side of the property which is where the new driveway for the
new lot would access from,but that she is not sure how close it comes to lining up with the Luce Line.
Rennebohm indicated it would be a little to the east.
Schwingler noted that is right in the area of the trees.
Rennebohm stated they purchased this land 25 years ago and that it was a hay field at that time.
Rennebohm indicated he has planted virtually every tree on the property and that the property has
changed quite a bit in those 25 years. Rennebohm noted there is still a nursery on the property and that
they can move some of the trees from the nursery to another spot if need be.
Mack stated in scaling it out from the northeast corner to the center line,there appears to be
approximately 130 feet to the center line.
Thiesse indicated he does not care one way or another but that he is surprised Hennepin County does not.
Schwingler asked if the conservation design should be done now.
Curtis indicated it should if the intent is to preserve the trees. Curtis stated with the application for
Bayside Meadows,the City was granted conservation easements around the perimeter as well as some
other areas. In addition, a view easement was required south of the existing home so no home could be
constructed to block the lakeview. Curtis indicated those are the types of things that could be identified
or required with this application.
Schwingler stated the applicant should go through the process to determine whether anything needs to be
preserved.
Curtis stated in this case,the applicant should go through the exercise and present the Council with the
findings so the Council can decide what should be preserved. Curtis stated if the Planning Commission
would like to see the conservation design,the application should be tabled.
Schwingler indicated he does not need to see it.
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Leskinen stated the applicant should be given direction since the conservation design is required for the
preliminary plat. Leskinen stated she would like the applicant to consider tree preservation easements as
part of the conservation design.
Rennebohm asked whether the application can be approved now so they can proceed to the City Council.
Leskinen indicated the Planning Commission can do that but that he will also need to obtain a
conservation design prior to going before the City Council. Leskinen stated as part of that process, she
would recommend the applicant consider tree preservation easements.
Rennebohm stated in reading through the conservation document, it asked to identify trees six feet in
diameter.
Curtis noted that is a typographical error and that it should read six inches in diameter. Curtis stated any
stand of trees that they would like to preserve should be identified.
Rennebohm indicated he would be agreeable with that.
Leskinen noted the tree preservation easements would prevent any future owner from clear-cutting the
land.
Leskinen noted there was some question as to the level of fees.
Curtis indicated that would be an issue for the City Council.
Thiesse moved, Schwingler seconded,to recommend approval of Application No. 14-3694,Peter
Rennebohm,4565 Bayside Road,granting of preliminary plat approval subject to the submittal of a
Conservation Design report prior to appearing before the City Council. VOTE: Ayes 7,Nays 0.
7. #14-3695 DAVID FOX, 1095 FERNDALE ROAD WEST,VARIANCE AND
CONDITIONAL USE PERMIT RENEWAL,9:31 P.M.—9:35 P.M.
David Fox,Applicant,was not present.
Mack stated Staff would recommend approval of the application.
Chair Leskinen opened the public hearing at 9:32 p.m.
There were no public comments regarding this application.
Chair Leskinen closed the public hearing at 9:32 p.m.
Mack noted a significant amount of flooding was observed in June and there was a significant amount of
water in the street. Mack stated there are also a number of wetlands in the area and that there was
standing water on the property. Mack stated careful consideration has been given to the mitigation plan
and that there are a number of areas where mitigation will be performed to offset the fill. Mack noted this
is a renewal application.
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Leskinen asked if there was anything that jumped out that should be reviewed by the Planning
Commission.
Schwingler indicated he is comfortable with the plan.
Schwingler moved,McGrann seconded,to recommend approval of Application No. 14-3695,David
Fox, 1095 Ferndale Road West,granting of a variance and conditional use permit renewal.
VOTE: Ayes 7,Nays 0.
PLANNING COMMISSION COMMENTS
8. REPORT FROM PLANNING COMMISSION REPRESENTATIVES ON CITY
COUNCIL MEETINGS HELD ON SEPTEMBER 22,2014,AND OCTOBER 13,2014
Leskinen stated the City Council on September 22,2014,voted to approve a negative resolution on the
Lakeview EAW. In addition,the Alness,Ziegler,and Kelly applications were approved.
Curtis noted the Council requested Staff monitor the Kelly property for two years to ensure the viability
of the trees.
Mack noted the streetlights have been installed in Navarre.
Gaffron noted at the October 13 meeting the City Council approved the Narrows application and the
Gustafson application, with the remaining planning items being placed on the Consent Agenda. The
Tonka Lake Properties application was tabled.
Curtis noted on the Gustafson application the City Council requested additional language be included in
the resolution to protect the fire lane.
9. OTHER ISSUES FOR DISCUSSION
Mack stated as it relates to the twin home project on Kelly, he has had continued dialogue with the
developer and that they are basically planning to host a neighborhood meeting to discuss alternatives for
the site.
Mack noted the neighbors will be informed at that time that the City has replaced a crushed culvert and
cleaned out some other culverts to help address some of the flooding issues in the area. Mack noted the
application was tabled by the PC and the 60 day rule was extended by staff for an additional 60 days until
December.
ADJOURNMENT
Thiesse moved,Lemke seconded,to adjourn the Orono Planning Commission meeting at 9:46 p.m.
VOTE: Ayes 7,Nays 0.
ATTEST:
„ � L. , "
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Denise Leskinen, Chair
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