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HomeMy WebLinkAbout04-15-2019 Planning Commission Minutes MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 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 Chris Bollis, Bob Erickson,Matt Gettman, Dennis Libby, Mark McCutcheon, and Jon Ressler. Representing Staff were Community Development Director Jeremy Barnhart, City Planner Melanie Curtis,and Recorder Jackie Young. Council Member Matthew Johnson, Mayor Dennis Walsh, and City Administrator Dustin Rief were present. Chair Thiesse called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. OATH OF OFFICE The Oath of Office was administered to Matt Gettman, Chris Bollis, and Mark McCutcheon. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF MARCH 19,2019 Libby moved,Ressler seconded,to approve the minutes of the Orono Planning Commission meeting of February 19,2019, as submitted. VOTE: Ayes 7,Nays 0. NEW BUSINESS 1. LA19-000014 PRECISION DECKS ON BEHALF OF STEVEN PRAWER,4470 FOREST LAKE LANDING,VARIANCE,6:33 P.M.—6:40 P.M. Nick Rukamp, Precision Decks, and Steven Prawer, Property Owner, were present. Curtis stated the applicant is requesting average lakeshore setback variances in order to rebuild existing decks in kind footprints. The home is nearly entirely lakeward of the average lakeshore setback line due in part to the extreme setback from the lake of the property to the north. The applicant is planning to rebuild in kind the existing decks on the street side and lake side of the home within the same footprint. Minor changes to the lakeside deck to rotate the staircase and to raise the deck floor 22 inches are proposed. Both decks are within the average lakeshore setback. No public comments have been received. Staff provided a practical difficulty analysis within Staffs report and can answer any questions the Planning Commission may have concerning the analysis. Staff finds due to the nature of the lot and the applied setbacks there are practical difficulties supporting granting the average lakeshore setback variance for the changes to the lakeside deck in conjunction with a near in-kind replacement. The applicant's desire to utilize the existing footprint in a slightly more functional footprint orientation is reasonable. Staff recommends approval of the average lakeshore setback variance. The Planning Commission had no questions for Staff. Page 1 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. Steven Prawer, Property Owner, stated he would be able to answer any questions the Planning Commission may have. Thiesse asked if the raise in the deck is to eliminate the three steps coming out of the patio doors. Prawar indicated it is. Prawar stated the reason for that is he is 77 years old and he just had a hip replaced and that he does not want to lose his balance and fall. The raise in elevation allows them to make it even with the floor in the house so they can walk out directly onto the deck. Chair Thiesse opened the public hearing at 6:35 p.m. Loren Schoenzeit,4480 Forest Lake Landing, stated in general the project as presented is appropriate but that he would like to confirm that the extreme setback of the house to the north,which is his, is there because the City has a sewer line running diagonally between the two lines for which they have no easement for. The only building envelope is where the old and new house is. The other item for confirmation is that this variance is specifically for the deck as proposed and no additional encroachments into the lake setback. If there is, he would like that to come back before the Planning Commission. Schoenzeit stated he is in support of the project as presented limiting it to the in-kind replacement of the deck as proposed. Thiesse noted any increase in structure or hardcover would have to come back before the Planning Commission. Chair Thiesse closed the public hearing at 6:37 p.m. Ressler stated the proposal seems reasonable and that they are not talking about a second story or an addition but a deck. Ressler stated in his view the criteria has been met for a practical difficulty. Libby commented he understands the issues related to the hip replacement and that he can understand why the applicant would want to redo the steps. Libby asked how many steps are there currently or whether there is a railing. Curtis indicated they would be required to have a railing and that there are six steps down. Libby asked whether the City Engineer has reviewed this. Curtis noted the City Engineer does not review decks. Libby indicated he would be in favor of it since it is out of necessity. Erickson commented this is a reasonable use of the property. McCutcheon stated the application is pretty straight forward. Bollis stated this is straight forward request. Page 2 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. Ressler moved,Gettman seconded,to recommend approval of Application No. LA19-000014, Precision Decks on Behalf of Steven Prawer,4470 Forest Lake Landing,granting of average lakeshore setback variance. VOTE: Ayes 7,Nays 0. 2. LA19-000018 CHRISTOPHER W.BOLLIS AND RACHEL A. BOLLIS,350 STUBBS BAY ROAD,PRELIMINARY PLAT,6:40 P.M.—7:22 P.M. (Christopher Bollis recused himself from this application.) Christopher Bollis, Applicant,was present. Barnhart stated the applicant is requesting preliminary plat approval to split 10.21 acres into two buildable lots. This property was originally part of the Kintyre Preserve subdivision in 2015-2016. That subdivision was allowed to expire. The applicants are now proposing the splitting of 350 Stubbs Bay Road North into two buildable lots. Both lots meet the lot requirements. There is currently one house on the property. The proposal is consistent with the adjacent area. While the area for Lot 1 meets the standard of two acres dry buildable,the lot shape is unique and includes a long finger which represents approximately a third of an acre. That leaves .89 acres for a building envelope on the lot and does limit opportunities in the future. This unique configuration is mostly due to the goal of keeping the existing house on the property. The width of both lots is measured at the building setback line. For Lot 2,that building setback line would fall within the wetland or wetland buffer. In the past what the Council has done is allowed measurement beyond the buffer because that is where the house would be. Gettman asked if there is the potential for three homes. Barnhart indicated there is a potential for that but Staff would need to review that at the time that is proposed and that the Planning Commission is not evaluating what could happen since the City does not know what will happen in the future. Barnhart stated the lot width standard is typically measured at the building setback line,but the Council has allowed some flexibility in the past to that measurement,due to wetland impacts. In this situation the applicants do meet the 200-foot minimum standard. This project will trigger the conversion of the existing private driveway to a private roadway,which requires that it be 24 feet wide and paved. The Code also requires that it terminate in a cul-de-sac. The applicant is proposing a width of 20 feet with a hammerhead. The fire chief has reviewed it and is in support of the hammerhead. Staff continues to recommend a cul-de-sac since other vehicles outside of fire trucks will need to turn around. To date no public comments have been received regarding the project. Planning Staff recommends approval of the subdivision, subject to the following conditions: 1. The private road terminates in a cul-de-sac. 2. Provision of a septic compliance report that supports the second site on Lot 2. Page 3 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. 3. Expansion of the road width to 24 feet. 4. Extension of the road or an easement through the wetland buffer to coordinate the driveways serving the two lots. 5. Obtain Watershed approval of the driveway through the wetland buffer. Ressler asked if the 24-foot width is based on the cul-de-sac. Barnhart stated the minimum width standard for a private road serving three homes is 24 feet and that he does not believe there is a standard for a private driveway. A cul-de-sac is required on a private road. Thiesse asked if it could be considered a driveway with only two homes. Barnhart indicated it could if there were only two homes accessing off the road but the lot with the existing house on it qualifies as the third lot. Thiesse asked if the southern piece of property will be landlocked. Barnhart indicated a portion of the property south of the subject property would still have access off of Kintyre or Stubbs Bay. George Stickney stated he is representing the property owners. The proposal meets all the standards but there were some deviations as were brought up by Staff. A meeting was held with the fire chief. The definition of a cul-de-sac is that it is an appropriate terminal for a safe turnaround and safe redirection of traffic. That is a loose definition but that is what is in the code. Stickney stated they made sure there is enough room for the building sites so there would not only be a turnaround for the fire trucks but enough room to put a circular driveway in front of each house, including the existing house, and that it provides good traffic flow. Stickney stated he has measured Fox Street several times and that he does not believe there is one piece of Fox Street that is 20 feet wide. The narrower road width would allow them to preserve the existing tree canopy. If the road is wider than 20 feet,that would damage the canopy of the beautiful red pines. Stickney stated he knows there are three lots involved in this project,but the driveway turns into the first property within 50 feet of Stubbs Bay Road. The road is straight and provides a good sightline. Another example of a narrower road width is at Mooney Lake Preserve, which has 20 feet of asphalt. The desire for tree preservation in this area is huge and there is also the possibility they can convince the Burkharts to connect to Stubbs Bay Road,which would mean there would only be two properties accessing this road. In addition,the 20-foot width would still allow two-foot shoulders as well as allow a semi to drive in there. Adding the cul-de-sac and more asphalt would create more hardcover and have a larger impact. As it relates to the finger configuration on Lot 1,the applicant's family owns the property to the south so it becomes a nice buffer and makes the property conforming in all ways. It makes a nice recreation area and makes it more manageable for the rest of the property that the family owns. Stickney stated they are trying to meet all of Staff's objections and that in his view they are addressing the desire for a hammerhead versus a cul-de-sac as well as the narrower road width. Stickney stated they do Page 4 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. not want to disrupt the trees that have been there for a long time. Discussions have already been had with the Watershed District and in their view the project will move along okay. Erickson noted Staff addressed the hammerhead in their report and that they had concerns given the traffic levels that it might not be okay in this situation. Staff also pointed out that the radius of the hammerhead is not spelled out on the plans, which is a critical factor. Stickney noted the fire chief helped them design it but that they would be willing to redesign it. The third home will never see the roadway unless it is made wider. Erickson stated he personally would be tempted to go with the hammerhead but that he would like Staff to have some input into it. Stickney indicated the trucks could also utilize one of the circular driveways to turn around in. Thiesse noted the Planning Commission has to look at the proposed roadway and that the applicant is free to put in circular driveways but that is not part of what the Planning Commission is considering. Thiesse stated they are looking at fire trucks, FedEx trucks and other delivery vehicles,and that they do not want them to go all the way up to the house,go around back down to the hammerhead,and then back around. Stickney stated a turnaround would solve that. Libby stated the length and size of school buses have a more practical application for a cul-de-sac rather than having to pull into and back out of a driveway. The other thing is that often the 24-foot width is a practical matter due to the snow cover that is received in the winter and for snow coverage, which would likely narrow the roadway. Stickney noted there is a 50-foot right-of-way,which provides more snow storage than most roads. Libby indicated he is supportive of preserving the trees. Stickney stated the wider width does not make sense for two homes. Chair Thiesse opened the public hearing at 6:58 p.m. There were no public comments. Chair Thiesse closed the public hearing at 6:58 p.m. Stickney noted last year the City approved a subdivision on Bracketts Point,which also had a hammerhead turnaround at that property, which was deemed appropriate for three homes. In that situation, it went from a 50-foot right-of-way to a 30-foot right-of-way and that received approval from the Fire Chief The same thing was also done a few years ago at Mooney lake, which serves six homes. Thiesse noted there are extenuating circumstances for both of those examples. Thiesse asked if there are any extenuating circumstances that should preclude a cul-de-sac. Stickney indicated it would preserve the tree canopy. Page 5 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. Barnhart stated as it has been pointed out,the City has approved a narrower road width due to extenuating circumstances but there have also been numerous times where the roadway width was held to 24 feet. That decision is up to the Planning Commission and City Council. Ressler stated he views this more as a shared driveway and that the debate comes down to whether the width should be 20 or 24 feet and that he does not care if it is a hammerhead or a cul-de-sac. Ressler questioned whether a school bus would go down a private driveway and stated the 20-foot width would accommodate guests who park on the road. Ressler indicated he is in support of it. Libby commented he is glad the Conservation District has reviewed and vetted the wetlands,which makes him more comfortable in regard to the environmental issues. As it relates to disturbing tree roots, it does not take much to disturb them and some of the trees may be lost even with the 20-foot width. Libby indicated he would be in favor of the 20-foot width. Erickson stated the applicant makes a good case for the 20-foot width for the majority of the length. If the third house uses it,the applicant expressed a willingness to extend it to 24 feet. Erickson noted the City of Long Lake rebuild a road in their industrial park to 20 feet and that has lots of semis going in and out. Erickson stated he does not feel the 20-foot width will be a problem unless there are a number of people parking on the road. Barnhart stated he has heard a number of comments for how they can engineer this roadway to address different issues. Barnhart stated school buses will drive down a public road,but noted the City cannot necessarily ask the residents to enforce a no parking zone so there will be parking on the road. The City has a standard in place to address these concerns and that he would question why the City would deviate from the standards when the Planning Commission is aware of Staff's concerns. McCutcheon asked how many trees would be impacted. Stickney indicated they will lose more trees than one or two. Thiesse noted this is a preliminary plat and that can be reviewed further. Stickney stated their goal would be zero tree loss. Thiesse stated he would be in agreement with Staff, and that unless there are some extenuating circumstances for not following the standards,they should uphold those. If the road is pushed northerly, the trees could be saved. Thiesse suggested someone review the hammerhead versus a cul-de-sac. Stickney stated the roadway is so close to being a private driveway but that technically it is not a private driveway. In the Bracketts Point situation,the hammerhead worked for three 2-acre lots and it should be able to work here since they are talking really about two lots that will use the roadway. Stickney questioned how many times the City has accepted a 24-foot highway for two lots. Curtis noted it is still considered three lots. Thiesse stated at the end of the day,there is nothing that says the development cannot fit a 24-foot roadway, and unless they can't,the City has standards they need to uphold. Page 6 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. Stickney pointed out two cars can fit down a 24-foot wide road and that he does not know of any property that has been held to the standard of a 24-foot width for two lots. Thiesse stated more homes could be added and then the 24-foot width would be fine but that is not being proposed. Stickney stated there is not room for additional homes. Ressler asked whether it would be acceptable if it is 24 feet wide up to the first house. Ressler indicated he lives on a private road that is well under 20 feet and Bracketts Point was a pre-existing condition. Ressler stated he does not view this differently than a shared driveway and that he is supportive of the 20 feet. Libby stated he lived for 16 years on a cul-de-sac and that he knows what bus drivers have to go through to turn around. A hammerhead will result in increased safety hazards and cause bus drivers to back up quite a distance. A cul-de-sac is a much more practical solution. Thiesse stated Staff is recommending a cul-de-sac and that is what he would be supportive of. Thiesse indicated he would be more in favor of a 20-foot road with a cul-de-sac than a 20-foot road with a hammerhead. Ressler stated he is comfortable with the hammerhead since the Fire Chief has been involved in it. Thiesse commented the Fire Chief probably only looked at it from the perspective of his equipment and that there are other factors in play. McCutcheon stated he lives close to this area and that there are a number of people that look for parking so they can park their boat trailers and that he could not imagine living without a cul-de-sac. Stickney asked if they could have a cul-de-sac that would be shaped like a donut with some landscaping in the middle. That would allow them to preserve the wetland by not putting as much hardcover but the turning radius would be just as good as a regular cul-de-sac. Barnhart indicated Staff could consider that. Erickson commented that is a good suggestion and that he has seen that utilized in other cities. The donut shaped cul-de-sac improves the hardcover and is more aesthetically pleasing. Ressler moved,Erickson seconded,to recommend approval of Application No. LA19-000018, Christopher W.Bollis and Rachel A.Bollis,350 Stubbs Bay Road,preliminary plat,with a 20-foot road width subject to the City Council making a determination on the cul-de-sac. MOTION WITHDRAWN. Thiesse stated he would prefer a 20-foot width with a cul-de-sac. Erickson noted the applicant said it would be the same diameter. Page 7 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. Barnhart stated Staff would like the Planning Commission to either recommend a cul-de-sac or not so the Council can review that and that he would prefer the Planning Commission not design the cul-de-sac. Ressler moved,Erickson seconded,to recommend approval of Application No. LA19-000018, Christopher W.Bollis and Rachel A.Bollis,350 Stubbs Bay Road,preliminary plat approval,with a 20-foot road width and hammerhead design,subject to the conditions outlined in Staff report. VOTE: Ayes 3,Nays 3; Gettman,Thiesse and McCutcheon Opposed. MOTION FAILS. Stickney stated the Planning Commission could make a motion that the Council review the hammerhead and that they can revise the plan to show a cul-de-sac shaped like a donut. Stickney indicated he would it a beautiful place to park that is more environmentally sensitive. Stickney stated they can have either a cul-de-sac or a hammerhead. Thiesse noted the Planning Commission should provide a recommendation one way or the other. Barnhart stated an option is to table to allow the applicant time to revise the street layout. Stickney asked if he can design a cul-de-sac with a center island. Barnhart stated the Planning Commission can either vote on what the applicants are proposing tonight or they can table it so they can come back with a redesign. Libby asked if the applicant can bring options before the City Council or whether it is a point of order. Libby noted the applicant is willing to bring the other design forward. Barnhart stated he is unsure what the Planning Commission would be voting on since they do not know how big the island will be or what the turning radius is. In addition,this is a public hearing and that there might be some people from the public that are interested in knowing what they are voting on. Erickson moved,Ressler seconded,to recommend approval of Application No. LA19-000018, Christopher W. Bollis and Rachel A. Bollis,350 Stubbs Bay Road,preliminary plat approval, subject to all five of Staff's recommendations,with an amendment to Item No.3 limiting the westerly portion of the roadway to 24 feet and the easterly portion of the roadway to 20 feet of paved width,with a cul-de-sac. VOTE: Ayes 6,Nays 0. 3. LA19-000019 CHRIS LAKE ON BEHALF OF BRACKETT POINT PROPERTY,LLC, 1400 BRACKETTS POINT ROAD,INTERIM USE PERMIT/CONDITIONAL USE PERMIT, 7:23 P.M.—7:30 P.M. Chris Lake,Attorney-at-Law; Mike Sharratt, Designer; and Gary Kramer,Builder,were present. Curtis stated the applicant is requesting approval of an interim use permit to support the export of over 500 cubic yards of material from the site and soil disturbance in excess of 50 cubic yards within the 75- foot setback in conjunction with construction of a new residence. The applicant is also requesting approval of a conditional use permit for a guest house use. Page 8 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. At 5.3 acres,the property meets the requirement for twice the two-acre LR-1A minimum lot area to support a secondary dwelling use/guest house. The proposed guest house will have a 2,182 square foot footprint where a single 2,200 square foot oversized accessory building is allowed. The construction of the new residence will result in 9,500 cubic yards of unneeded material. The applicant proposes to export this material from the site and has indicated the destination site will not be within the City. In addition, proposed grading work and storm sewer pipe installation will disturb approximately 5,800 cubic yards of material within the 75-foot lake setback area,which requires an Interim Use Permit. Neither the 75-foot zone grading, nor the export of materials,will result in the proposed home being out of character with the neighborhood. Staff finds the proposed plan conforms to the standards of interim use permit review and the grading activity will be tied to the building permit for the new residence. The City Engineer has reviewed the plans for the IUP and will subsequently review and provide direction regarding the building permit plan set. The haul route appears acceptable,but the applicant should clarify the ultimate destination for the exported materials. The hauling shall not commence until spring load restrictions are lifted. No public comments have been received on this application. Planning Staff recommends approval of the guest house CUP with the standard covenants and approval of the IUP for the grading activity in accordance with the City Engineer's and all other applicable jurisdictional requirements. Staff also recommends approval subject to the property owners agreeing to the filing of a covenant in the title of the property providing that the guest house accessory building shall be for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests. The guest dwelling may not be used for a home occupation unless specifically approved by the City or if allowed by this Code and may not be rented or leased under any circumstances. The Planning Commission had no questions for Staff. Chris Lake,Attorney-at-Law, stated they are available to answer any questions. McCutcheon asked what the haul route will be. McCutcheon noted there is a wicked left turn coming out of Bracketts Point that is concerning from a public safety point of view. McCutcheon stated he also is not sure why the haul route ends in Navarre. Lake stated she is not familiar with the end point of the haul route but that she is familiar with the left turn and that there have been no problems with the other work that is going on at Bracketts Point. Curtis stated there is a restricted bridge on the east edge. The applicants have indicated they are not bringing it to a site in the City, but if the ultimate destination is a site within the City,that site would need to receive a permit as well. Libby asked if there is a time frame for starting to move the dirt. Page 9 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. Lake stated the permit has to be processed and finalized. Curtis noted it would be after road restrictions are lifted. Libby stated it takes approximately 35 feet for one of those dump trucks to stop and that the primary concern is that it is a county road that is heavily traveled. Lake stated in their view they have very qualified people working on the project. Chair Thiesse opened the public hearing at 7:30 p.m. There were no public comments. Chair Thiesse closed the public hearing at 7:30 p.m. Bollis stated he is supportive of the project as presented. Erickson, Libby,Ressler,and Gettman indicated they are in support of Staff's recommendation. Ressler moved,McCutcheon seconded,to recommend approval of Application No. LA19-000019, Chris Lake on Behalf of Brackett Point Property,LLC, 1400 Bracketts Point Road, granting of an Interim Use Permit and Conditional Use Permit. VOTE: Ayes 7,Nays 0. 4. LA19-000020 VENIAMIN BOCHARNIKOV,3593 CRYSTAL PLACE,VARIANCES, 7:31 P.M.—7:37 P.M. Veniamin Bocharnikov,Applicant,was present. Curtis stated the applicant is requesting front and side yard setback variances and a driveway setback variance in order to construct additions to the existing home. The existing home has a partial second story and no garage. It is situated 3.4 feet from the east lot line. The property is nonconforming as to width, and per Section 78-350,may utilize a setback no less than 7.5 feet. The footprint expansions on the west side of the home will be conforming at eight feet where a 7.5-foot setback is required. The applicant proposes to construct a garage addition to the rear of the home as well as add living space above the new and existing portions of the home. Side setback variances are being requested to allow building expansions 3.4 feet from the east side lot line where a 7.5-foot setback is required for the majority of the additions. The additions will be conforming on the west side lot line. A front yard setback variance is also required to construct the covered entry over the stoop 23 feet from the front where a 30-foot setback is required. The proposed driveway is shown one foot from the west property line where a 5-foot setback is required. The existing gravel driveway will be reduced and moved west to accommodate access past the home and provide access to the side load garage addition in the rear. There is an existing privacy fence on the west lot line screening this driveway and its impacts from the adjacent neighbor. The existing home, at the nonconforming setback, can be legally rebuilt in kind. Staff finds the lot width and size and existing home setbacks are practical difficulties preventing an upward expansion of the home Page 10 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. or a logical addition to the home. The flexibility afforded by the Zoning Code from the side and front yard setbacks do not eliminate the need for variances for this project. No public comments have been received. Planning Staff recommends approval of the front yard and side yard setback variances for the addition. The applicant should assure the roof does not drain to the east and the new driveway does not drain to the west onto the neighbor's property. In addition,the driveway should be adjusted at the street so to accommodate the City Engineer's recommendations. Curtis displayed an aerial photograph of the property and pointed out the location of the addition. The Planning Commission had no questions for Staff. Veniamin Bocharnikov,Applicant, stated he can answer any questions. Chair Thiesse opened the public hearing at 7:35 p.m. There were no public comments. Chair Thiesse closed the public hearing at 7:35 p.m. Erickson indicated he is supportive of Staff's recommendation. Libby stated as long as the City Engineer's recommendations are followed, he would be in favor of it. Ressler stated he would be in favor of it since it appears to be in conformance with the neighborhood. Gettman stated he also supports Staff's recommendations. McCutcheon commented the applicant needs a garage in Minnesota and that he would support the request. Libby moved,Gettman seconded,to recommend approval of Application No. LA19-000020, Veniamin Bocharnikov,3593 Crystal Place,granting of variances. VOTE: Ayes 7,Nays 0. 5. LA19-000021 BEN AND KATRINA WASSCHER,4775 NORTH SHORE DRIVE, VARIANCES,7:37 P.M.—7:42 P.M. Ben Wasscher,Applicant,was present. Curtis stated the applicant is requesting a rear(street)yard setback variance to construct a 269 square foot addition to the existing home 22.3 feet from the North Shore Drive west property line where a 30-foot setback is required. Due to the extreme topography and bluff on the lake side of the property,the home is located nearer to the rear street lot line than is permitted. The addition conforms to all codes except for the rear yard setback. At 22.3,the applicant is attempting to keep the rear yard encroachment less than the existing home, which is set back 21.3 feet. Page 11 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. Staff finds practical difficulties supporting the variance for the addition based on the topography of the lot and the location of the existing home. The neighbors on either side have submitted comments in support of the proposal. Planning Staff recommends approval. The applicant should be required to demonstrate the relocation of the AC pad will be in a conforming location. Staff recommends the City require an encroachment agreement to address the applicant's existing retaining walls which encroach on to the adjacent City property to the west. A draft agreement can be provided for City Council review. The Planning Commission had no questions for Staff. Ben Wasscher, Applicant, stated he can answer any questions. Chair Thiesse opened the public hearing at 7:40 p.m. There were no public comments. Chair Thiesse closed the public hearing at 7:40 p.m. Thiesse asked if an easement is required for the city property. Curtis stated an encroachment agreement would need to be executed. Bollis indicated he is in favor of the application subject to Staff recommendations. McCutcheon stated the addition is pretty conservative and that he is in favor of it. Erickson stated he is support of Staff recommendations, Libby stated he concurs. Ressler commented the application is pretty straight forward. Gettman stated he is in agreement with Staff recommendations. Ressler moved,Bollis seconded,to recommend approval of Application No. LA19-000021,Ben and Katrina Wasscher,4775 North Shore Drive, granting of variances. VOTE: Ayes 7,Nays 0. 6. LA19-000022 MIKE STEADMAN ON BEHALF OF ERIC LARSON AND ANDREA LARSON TRUST,690 BROWN ROAD,PRELIMNARY PLAT,7:42 P.M.—7:56 P.M. Michael Steadman,Applicant, was present. Barnhart stated the applicant is requesting preliminary plat approval for a 7-lot single-family residential subdivision. All the lots meet the lot area standard. The parcel consists of 23.72 acres on the western shore of Long Lake. The property also includes over 580 feet of frontage on Brown Road North. The City Council reviewed a sketch plan of this proposal in February of this year and were supportive of the Page 12 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. layout, including the proposed minor deviations of lot width for Lot 3 and Lot 6 due to the concave shoreline. The proposed layout is generally consistent with that proposal. The proposal includes the creation of a new private road terminating in a cul-de-sac. All seven properties would be served by municipal water and sewer. The developer proposes the construction of a single, new private road that will terminate in a cul-de-sac. The length of the road is 1,000 feet, meeting the maximum length requirement. This road will provide vehicular access for all lots. The grading plan shows grading to support the new road and house pads. Staff has received one comment letter expressing concerns from a wetland impact standpoint. Staff does not see any impacts to the wetland and the Watershed District is in the process of reviewing the application. Staff recommends approval of the preliminary plat subject to the following conditions: 1. Sanitary should be a low-pressure system with individually privately-owned pumps. 2. All elements of the storm system required to meet regulatory requirements must be included in and completed as part of the development work. 3. Engineering comments included in the engineer's letter of April 8,2019. 4. The addition of a fire hydrant at the entrance to the development. 5. Reconfiguration of street trees. The Planning Commission had no questions for Staff. Mike Steadman, Developer, stated they are in agreement with Staffs recommendations and that they are available for questions. Chair Thiesse opened the public hearing at 7:45 p.m. Ted Schultz, 744 Brown Road North, stated his only concern is to preserve as much of the wetland as possible and asked whether the applicants could reconfigure the two lots to reduce the negative impact on the wetland. Thiesse noted the applicants are meeting the requirements of the Watershed District. Thiesse asked whether there is a wetland buffer required. Barnhart indicated there is. Thiesse asked whether Mr. Schultz feels there should be an additional buffer. Page 13 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. Schultz commented he is not familiar with the process and that he just wants to make sure that appropriate measures are taken to ensure water quality. Barnhart illustrated the location of the lots and the delineated edge of the wetlands. There is a 40-foot buffer adjacent to the wetland that is imposed by the Watershed District. There is also a similar buffer closer to the lakeshore. The proposed locations of the homes are outside of the buffer. There is a proposed driveway that goes over the seasonal creek and Staff is working with the Watershed District on that. A culvert will likely be required. Chair Thiesse closed the public hearing at 7:49 p.m. Gettman asked for more information on the low-pressure system. Barnhart stated the original plans showed a lift station, which would serve these seven lots,but the City Engineer has recommended a low-pressure system be installed in lieu of that lift station. Each of the seven lots would have their own individual pump which would pump the waste into the system. Thiesse asked if there is a minimum number of houses that the low-pressure system works on. Barnhart stated the low-pressure system can support hundreds of homes. Mark Gronberg, Surveyor,noted they did Tanager Estates with four homes on the low-pressure system and it works just fine. The system usually consists of a two-inch pipe in the main road and then an inch and a quarter pipe to the homes. The City Engineer has indicated there are a number of homes in this area that are on the low-pressure system. Ressler commented the application is pretty straight forward and has been designed nicely. Ressler stated he has no objections to the application. Libby stated he is a little confused because his understanding is that it was a high-pressure system that was installed in Tanager Estates. Gronberg indicated it is called a low-pressure system. Libby asked if the trees that are scheduled for removal are in the right-of-way and whether that constitutes a fairly substantial change in the neighborhood. Gronberg noted a substantial portion of those trees would be removed but that they did put in tree protective covenants around the perimeter. There is a 50-foot covenant on the north of Lots 2 and 3 and then it widens out to 100 feet on Lot 4 along the ravine. On the south side of Lots 6 and 7 there is a 50- foot covenant and then 50 feet on the west side of Lots 6 and 7 with the exception of where the road comes through. Libby asked if the trees that are marked for removal are scrub trees or legacy trees. Gronberg indicated they are not the greatest trees and they are listed on the inventory. Erickson stated he would support Staff's recommendations on Items 1-4 and his only hesitation is on Page 14 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. Item 5. Erickson stated he personally prefer a lineal row of trees rather than staggered. Bollis stated in general he likes the lot layout and it appears to be as conforming as it can be. McCutcheon commented it is a beautiful cul-de-sac and that he agrees with the concerns about the wetland. Erickson moved,Bollis seconded,to recommend approval of Application No.LA19-000022,Mike Steadman on behalf of Eric Larson and Andrea Larson Trust,690 Brown Road,Preliminary Plat, subject to Items 1-5 outlined in Staff report.VOTE: Ayes 7,Nays 0. 7. LA19-000023 NOR-SON CUSTOM BUILDERS ON BEHALF OF CHARLES AND JILL MILLER, 1600 BOHNS POINT ROAD, INTERIM USE PERMIT,7:56 P.M.—8:00 P.M. Brody Schmid,Nor-Son Custom Builders,was present. Curtis stated a new home is proposed on Bohns Point Road and the applicant is requesting an Interim Use Permit to export approximately 1,300 cubic yards of material. The destination will not be within the City. The proposed home will not be out of character with the neighborhood. Staff finds the proposed plan conforms to the standards of the IUP review and the grading activity will be tied to the building permit for the new residence. No public comments have been received. Staff recommends approval of the IUP in accordance with the City Engineer's requirements associated with the overall building permit. The Planning Commission had no questions for Staff. Brody Schmid,Nor-Son Custom Builders, stated he is here to answer any questions. Thiesse asked if they will be losing a few substantial maple trees. Schmid indicated that is correct. Chair Thiesse opened the public hearing at 7:58 p.m. There were no public comments. Chair Thiesse closed the public hearing at 7:58 p.m. McCutcheon, Bollis, Erickson, and Libby stated they are in agreement with Staff recommendations. Ressler stated he has no concerns with the application. Gettman indicated he also does not have any concerns. Page 15 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. Ressler moved,Erickson seconded,to recommend approval of Application No. LA19-000023,Nor- Son Custom Builders on Behalf of Charles and Jill Miller, 1600 Bohns Point Road,granting of an Interim Use Permit. VOTE: Ayes 7,Nays 0. 8. LA19-000024 STREETER AND ASSOCIATES ON BEHALF OF PETER AND NICOLE THOMAS, 1385 ORONO LANE,VARIANCES, 8:00 P.M.—8:15 P.M. Daren Willenbring, Streeter and Associates, and Peter Thomas, Property Owner, were present. Curtis stated the home on this property was originally constructed in 1927 and is almost entirely within the 75-foot setback from the lake. The existing lakeside patio was constructed over a basement level well room. The cap to the well room is leaking and the owner needs to repair the area. Since the existing patio needs to be removed to conduct the repairs,the applicant proposes a reconfiguration of the patio to add landings under new lake side doors within the required lake yard and a variance is necessary. The existing hardcover level will be reduced. The intent of the applicable ordinance is to not have hardcover within the 75-foot lake yard. Existing hardcover is permitted to be replaced in-kind. The proposed reconfiguration and removal of some existing hardcover seems to support this intent. The variance process is to preserve the use of the property where practical difficulties exist. The protected use of the property is a residential dwelling and not accessory patios. The addition of patio areas to the lake yard seems to be a convenience not supported by a practical difficulty. A better solution, if the Planning Commission and Council support the reconfiguration,would be to initiate an ordinance amendment that allows for the reconfiguration of hardcover within the lake yard. To date, no public comments have been received. Planning Staff recommends the Planning Commission evaluate the practical difficulties and make a recommendation regarding the request. Thiesse asked if the patio is considered structure and whether a portion of the basement is located in the 0-75-foot zone. Curtis indicated that is correct. Willenbring stated he has nothing to add to Staff's report. Thiesse asked if they have to have some impervious material under the rock in order for it to be considered hardcover. Curtis indicated that is true. Chair Thiesse opened the public hearing at 8:04 p.m. There were no public comments. Chair Thiesse closed the public hearing at 8:04 p.m. Page 16 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. Erickson stated in his view there is a strong case for the variances since this is an older house and they have a leaking well,which needs to be repaired. Erickson stated he would like to hear from Staff about the advantage of going to a new ordinance and whether it would be a more flexible position for the City to work with. Curtis indicated that is true. Erickson stated his other concern is if he had a leaking well,he would like to get that fixed right away, and that a new ordinance would take quite a bit longer. Curtis stated a new ordinance would allow Staff to approve it administratively. Currently Staff cannot approve new hardcover in a different location or reconfigured hardcover within the 0-75-foot zone. Staff can draft an ordinance in such a way that limits that approval by imposing restrictions, such as no new hardcover closer to the lake. The ordinance would be a benefit to property owners as well as Staff and would make things easier. Thiesse noted the intent of the ordinance is to reduce or eliminate any new hardcover in the 0-75-foot zone. Erickson asked if the Planning Commission could do both tonight to make it move faster. Thiesse stated he does not want to tie the new ordinance to this application. Erickson suggested making a motion recommending Staff proceed forward with a new ordinance. Gettman asked whether the City has a list of other ordinances that should be reviewed other than this one. Barnhart noted the City Council comes up with a list of priority items every year, but if the Planning Commission sees something that should be looked at closer,they can recommend that. Libby stated it looks like the applicants will be reducing the hardcover. Since there are a lot of wells in the City,this is probably not a unique situation and that he is curious as to when the well was last replaced. Curtis noted that would not fall under the purview of the City Engineer. Willenbring stated his understanding is that prior to City sewer and water,this is likely where the well was located, and that the membrane is now leaking. The well structure is still there. Libby asked whether it can still be used for watering. Willenbring stated he is not sure and that the house was originally constructed in 1927. The membrane structure has failed but not the well. The property owners would like to repair the structure, and in order to do that,they need to remove the existing patio. Page 17 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. Ressler commented this is another situation where there is a meandering shoreline and that it makes sense since they are not worsening the current situation. Ressler stated in his view it is important to repair the structure. Gettman commented he would be fine with the request but that he would like to know whether there are any other similar cases prior to going forward with a new ordinance separate from the City's ordinance review process. Erickson moved,seconded,to recommend Approval of Application No. LA19-000024, Streeter& Associates on behalf of Peter and Nicole Thomas, 1385 Orono Lane,granting of variances. VOTE: Ayes 7,Nays 0. Erickson moved,Ressler seconded,to direct Staff to begin drafting an ordinance amendment which would allow for reconfiguration of hardcover within the lake yard. VOTE: Ayes 7,Nays 0. 9. LA19-000025 LAKEWEST,LLC,3245 WAYZATA BOULEVARD,PRELIMINARY PLAT,ZONE CHANGE,MASTER DEVELOPMENT PLAN, INTERIM USE PERMIT,8:15 P.M.—9:10 P.M. Perry Ryan and Curt Freham, Lakewest, LLC, were present. Barnhart stated the applicant is requesting preliminary plat, Master Development Plan,a zone change, and interim use permit approvals to allow for the construction of a 244-unit apartment complex consisting of two 3-story buildings, parking, and other improvements. The parcel consists of 9.8 acres. This was previously the subject of a sketch plan review for a 192-unit apartment/senior living project on the property. The applicant is now proposing 244 units consisting of two buildings. The west building is somewhat C-shaped and includes commons area on the first and second floor. The eastern building is L-shaped. Both buildings are three stories, excluding an underground parking level. They would offer a variety of housing units, including studio, one bedroom, one bedroom plus den, and two-bedroom units. Access to the development will be via a new north/south public street proposed as part of Eisinger Meadows. This road terminates in the surface parking lot proposed between the two buildings. Staffs recommendation is that the road terminate in a cul-de-sac. The plans also include a 161-space surface parking lot. Notations on the plan indicate 90 stalls in the east garage and 127 stalls in the west garage. Total underground and surface parking stalls should be equal to two spaces per unit or 488 spaces. The subject property is guided for high-density residential in the draft 2040 Comprehensive Plan. While the plans show a density greater than what was proposed at the sketch plan,the density is consistent with the Comprehensive Plan at 24.9 units per acre. Since the 2040 Comprehensive Plan has not yet been approved by the Metropolitan Council,this application cannot be approved until that occurs. Page 18 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. The building height was a major issue at the sketch plan review. While the façade of the building measures 30 feet from the first floor to midway between the peak and the eave, due to the cutting of the building into the existing grade,the defined height is actually 24.7 feet. The perimeter is 3,648 feet,requiring 91 trees. The building footprint area is 89,012 square feet and would require 89 trees. The landscape plan combines the trees proposed for Eisinger Meadows with those proposed for this project and shows approximately 45 trees on the subject parcel. The landscaping plans should be separated as landscaping will be required for both projects. As proposed,the landscape plan is not approvable. The site plan should be adjusted to accommodate parking stall standards of nine feet wide and 20 feet deep. The drive aisle can be 24 feet wide rather than the 26 feet shown. Parking for attached family dwelling units is equal to two spaces per unit. It is assumed that the trash receptacles will be located within the garage areas, although no detail has been provided. Further detail of the trash removal system/storage will need to be provided. The plan shows two fire hydrants. The Fire Chief will need to verify the number and location of the hydrants. A requirement of the RPUD is that a development provide 10 percent of the land for private recreational space. Staff's interpretation of the private recreational space requirement is about 25,000 square feet. The proposal shows three recreational areas: one to the south side of the east building, one north of the east building, and one just west of the entrance road. Water and sewer will be extended from the Orono Preserve project to the east. A portion of the stormwater management system is within the wetland buffer. Support for this encroachment should be provided by the Minnehaha Creek Watershed District. The grading plan shows a new retaining wall at the south end of the site near the parking lot. Grading near the perimeter of the site,including at the retaining wall, will impact native vegetation that cannot be replaced and should be kept to a minimum. Staff recommends approval of the Interim Use Permit subject to MPCA comment on the Response Action Plan and approval of a development agreement. Staff's review of the preliminary plat,Master Development Plan, and zone change yields a number of issues that, when addressed, are likely to impact the design layout of the site, including cul-de-sac placement,number of parking spaces, storm water management, landscaping, including parking lot islands and private recreation. Staff recommends tabling the Master Site Plan approval until those comments can be addressed. If the Planning Commission is comfortable moving the project forward, Staff recommends the following conditions: 1. Submission of parking garage layouts. Page 19 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. 2. Addition of a cul-de-sac at the southern terminus of the new access road. 3. Redesign of the parking lot to include 488 parking stalls,parking lot islands,and parking stall Sizes and drive aisles to meet code. 4. Approval of the 2040 Comprehensive Plan. 5. Hennepin County approval of access. 6. Landscaping plan prepared that addresses RPUD standards. 7. Clarification of trash removal system and storage. 8. Conformance with the Fire Chiefs comments. 9. Programmed recreational space satisfactory to the City Council. 10. Conformance with the City Engineer's comments. 11. Conformance with the MCWD's comments and permitting requirements. Gettman asked how this project impacts the City's density numbers. Barnhart stated as part of the Comprehensive Plan,the City identified certain areas for higher density, including this property. The guided density for the site helps to increase the City's overall density above three units per acre. The Comprehensive Plan has an overall density of 4.6 units per acre,but a recent Council action reduced that to 4.09 units per acre. Perry Ryan, Lakewest,LLC, stated one thing that is important to point out is that in the housing market today there is a greater demand for apartments and that this project will help meet that demand in this area. Ryan noted they have reduced the height of the building from four stories down to three and they are now proposing two buildings rather than one. A variety of unit types are proposed. The alcove is similar to a studio apartment and there are three or four of those proposed. Approximately 27 percent of the units consists of two bedrooms and the large majority is one-bedroom units. Ryan stated they would like to meet with the Fire Chief and Staff regarding the cul-de-sac and coming up with a suitable design. Ryan noted they would prefer not to construct a cul-de-sac since it takes up quite a bit of land mass. As it relates to the parking,they are seeing throughout the metro area that it is not directly affected on a per unit basis and that the parking should be based on the number of bedrooms. Overall there are 311 bedrooms because there is a higher concentration of one-bedroom or studio units. The studies show one stall per bedroom and then an additional 10 percent for guest parking would be adequate for a total of 342 stalls. Being proposed for this site is 396 parking stalls,which is above the number recommended by the studies. Ryan indicated he would like to work with Staff and come up with some studies that support that. Page 20 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. Ryan indicated they are in agreement with the island locations. The dumpster containers will be located in the underground parking area. As it relates to the landscape plan, Staff shows 89 trees are required for Eisinger Flats and that only 45 trees are shown. Ryan indicated they took the total number of required trees and placed 91 trees for Eisinger Flats and 56 for Eisinger Meadows. Most of those trees were focused along the road,which is why there is a discrepancy between what is shown on the plat and what Staff has in their report. Ryan stated they would be happy to relocate those. As far as the timeline on the project,they have met with the MPCA regarding the cleanup. The application now is tied into the cleanup funds that are available for the site and their goal was to be sufficiently through this process by May 1, which is approximately when the MPCA would be approving the cleanup plan. Ryan noted the cleanup funds are only available twice a year and that if the May deadline is missed,they would need to wait until the fall. On Page 7 of the report Staff is suggesting tabling the Master Site Plan, but if the Planning Commission is comfortable moving forward,there are a number of conditions Staff would recommend. Ryan indicated they would be able to address those concerns and that they would like to speak with Staff on the parking and that they agree with recommendations 4 through 7. Ryan stated they would like to continue moving forward with the application and that they are happy to work with Staff on the issues. Thiesse asked if there are any interior amenities, such as a swimming pool. Ryan indicated there is not a pool but that there are community rooms, workout rooms, an outdoor patio area, and a large amount of common space. Thiesse asked if an emergency vehicle can access all the way down to the south end. Based on the parking plan, it appears some of the stalls are partially blocking access. Ryan stated the parking stalls in that area can be taken out or another option would be to make a hammerhead. Thiesse asked how he would address the Fire Chiefs concerns about accessing all the way around the building. Ryan indicated there are a number of options they can do and that they will be looking at that. Ryan stated they can also shore up the grade in that area without adding more hardcover. Barnhart stated the challenge with the re-enforced grid is that they have to be cleared of snow and that tends to get dropped after a few years. Thiesse asked if the road was designed to meet the City's previous Comprehensive Plan. Barnhart indicated it was designed for the projected overall density of the area. Page 21 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. Thiesse noted most people have to drive to get somewhere in Orono and that the parking needs to be sufficient. Ryan indicated he agrees there needs to be ample parking. Libby stated his understanding is that two stalls per unit is required. Ryan indicated the City requires two stalls per unit and that he would like the opportunity to discuss with Staff the option of providing parking based on the number of bedrooms. Libby inquired about the rents that would be charged for each type of unit and whether the rents would be marked based. Ryan stated they are just in the beginning stages of the market analysis but that rents are going up in the metro area overall. Gettman noted approximately 25 percent more units have been added to the plan since it was originally presented as a sketch plan. Gettman asked why the density has increased. Ryan noted this site is guided for up to 25 units per acre and that a four-story building is typically the most economical. Ryan indicated the additional units help make up for the fact that these buildings are only three story and help make the economics of the project work better. Gettman noted if the number of units were reduced,there would be more space for parking. Ryan stated they would love to work with Staff on parking and the recreational areas and that in their view they can accommodate both of those with the way it is currently laid out. Thiesse stated he personally would be happy with a number that is somewhere in the area proposed by Staff. Thiesse noted Staff is recommending this application be tabled in order to get some of these items addressed and asked whether the applicants will still be in a position to move forward on their timeline if it is tabled tonight. Ryan stated in their view they will be able to resolve the issues and that they would like the application to proceed forward. Thiesse asked if Staff is still recommending it be tabled. Barnhart stated Staff would prefer to see a more finished plan and that the Council will not see this until after the May 1St deadline even if it is recommended for approval tonight. Barnhart noted Staff will ask for Council approval on the grant application independent of this application even if it is not approved tonight to keep the application moving along. Erickson commented it makes a lot of sense to take the extra time to get everything worked out to everyone's satisfaction. One of the unanswered questions tonight is the recreational space and that the Park Commission would have some great insight into it. At the same time,the applicant could perhaps move forward with the other zoning aspects but that he personally would prefer the extra time and a review by the Park Commission, especially since this site is very close to the Lurton Dog Park. Erickson Page 22 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. stated a trail to the park would probably be a real amenity along with some other recreational uses. Overall it is a good project and he would support it. Libby asked if the applicant has had recent discussions with the MPCA. Ryan indicated Michelle at Wenck&Associates has been in discussions with them and that it is anticipated they will receive approval by the end of the month. Libby noted a number of upper scale apartment buildings are now dog friendly and that a lot of them have their own dog parks right on the property, which might be something to consider for this site. Ryan commented that might be a good idea for one of the recreational areas. Ressler asked how many occupants they are anticipating overall. Ressler noted while there are quite a few one-bedroom apartments, some of those renters will be married. Ryan indicated there are 311 bedrooms and that they believe a majority of them will be single renters. Gettman asked whether they have any metrics on the number of children. Ryan indicated they do not at this time. Barnhart noted there is a private recreational aspect to this application,which would not go before the Park Commission since they are privately maintained. Any public recreational facilities would need to go before the Park Commission. Chair Thiesse opened the public hearing at 9:00 p.m. Stacey Royal, 3135 Jamestown Road, noted she was here in November when it was presented as a sketch plan and that the significant increase in the number of units is a concern for her. As Staff mentioned,this will be one of the largest developments in the area and the impacts of that need to be fully considered. When the City was looking at the Comprehensive Plan,there was a discussion about reducing it down to 140 units. Royal indicated over the last year she has gotten more involved with the Comprehensive Plan and she understands how a development of this size would be beneficial to meet the Metropolitan Council's density numbers but that they need to understand all the impacts of adding this many units in one area. Royal noted the school has done a lot of traffic studies but that she is not sure whether those traffic studies address an additional 400 cars on the road during the typical times of kids getting to and from school. Royal commented she understands this application will probably move forward at some point and that she anticipates a lot of development going on in Long Lake, Orono,and Medina to meet the demands of the Metropolitan Council. Royal encouraged the Planning Commission to give some thought to whether Orono wants to have the biggest development right in their back yard. Larry Darren,480 Stubbs Bay Road, stated he and his wife moved away from Chicago a few years ago to get away from the congestion and crime. Orono's website lists a number of different developments going on in the area, including this one at 244 units,the senior housing development at 50 some units,the other Page 23 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. development on this same property of 56 units,and then the development across from the co-op at 80 units. Darren stated the way he looks at it, every house or apartment equals two cars because there is no public transportation in this area and that he questions whether this area can handle another 800 cars. Thiesse noted this is a county road that was designed for that number of vehicles. Thiesse stated the traffic counts have not changed over the years. Darren noted the Orono Preserve is another 40 cars along with some other smaller subdivisions. Thiesse commented he wished he had been here for the discussions on the Comprehensive Plan since this area has been guided high density. Darren asked what the rest of the site is guided for. Barnhart noted that area is called Eisinger Meadows and that it will be a single detached residential development consisting of 27 units that was approved in 2016. Darren noted that is another 54 cars. Barnhart noted the project adjacent to the co-op was not supported by the City Council and will not be going forward. Libby stated the Department of Transportation plans for a long way into the future as it concerns the roadways and rights-of-way. In his view Orono, compared to other communities, has the most logical and probably the most restrictive regulations for development. The metrics and traffic counts that the County uses are pretty scientific and the people who perform the studies are experts in that area. One factor to consider is that not all these cars go out at the same time and that the older generation does not drive as much as other people. Libby stated in his view it is not quite as scary as someone might think it is. Libby noted someone had mentioned that the Orono School District performed some traffic counts and that he personally would like to see those. Libby stated he also wishes that they would have had more people come to the open houses for the Comprehensive Plan. Darren stated he wanted to understand the process and that it seems like there are a lot of people being added to the area. Libby noted the road is being widened and that the plan is available on Hennepin County's website. Samantha Muldoon, 1801 West Farm Road, stated in seeing this plan and seeing this parking lot, she is struck by the inconsistency of enforcing a cul-de-sac on a small residential development and this site. Muldoon stated she does not feel the applicant should be given a pass on the number of parking spaces because they have the belief it is one car per bedroom since that is not realistic and that the City needs to hold everyone to the same standard. The applicant's economics are not the City's problem, and if they lose some money because they have to get rid of 10 units,that's okay. Muldoon noted the City asked them to decrease the number of units and they instead increased it. Chair Thiesse closed the public hearing at 9:11 p.m. Page 24 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. Gettman stated he is struggling with how to follow Staffs guidance and still move the application forward. Gettman stated he does not believe the Planning Commission has anything they can move forward with given the unresolved issues. Barnhart stated if the Planning Commission is comfortable moving the IUP forward,they can do that, and then table the rest. Barnhart requested input on Staffs recommendations. Thiesse stated in his view the first two conditions have to be followed. Libby stated there could be some safety issues with traffic getting in and out during rush hours. Bollis asked if that is a hammerhead on top of the Meadows project. Thiesse indicated it is and it has been approved. Barnhart noted this hammerhead was the subject of the resolution that approved the development and that he does have some question about the design. Curt Fretham, Lakewest Development, noted there was a cul-de-sac originally proposed and the City preferred the hammerhead. Thiesse noted Item No. 3 relates to parking and that the City has certain requirements for parking. Thiesse indicated he would need to see some real proof relating to the parking being based on the number of bedrooms,especially since people in this area have to drive pretty much everywhere they go and that there have been concerns expressed by some people in the audience. Gettman asked if they could lower the number of apartment units or whether that is set. Barnhart stated the parking reflected on the plan is based on the number of bedrooms and that the design of the building and some of the other changes may impact the parking. Some cities require proof of parking, which can be done in this case,that they can provide the balance of the parking on site, which would offer some flexibility in that regard. Fretham stated they might have to modify the unit count in order to provide the cul-de-sac or to obtain the additional parking. Fretham indicated that number of units is not set in stone and that they are hopeful the Planning Commission will allow them to work with Staff on that. Gettman noted he is not looking for a particular number and that he would like Staff to have some flexibility, but that there is an impression the site is maxed out. Fretham stated if there is a formula for the cul-de-sac,they will work with that, but if Staff and the Fire Department is comfortable with another option,they would like to pursue that. Thiesse commented he has very seldom seen a cul-de-sac off of a parking lot of an apartment building, and if they can reconfigure the parking somehow,that might meet the intent of what they are looking to do. Page 25 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. Libby stated it is interesting to know how the parking will be assigned and that the applicant must have some plan that designates specific guest parking. Otherwise it would be an open free-for-all. Fretham indicated there would be some designated guest parking spots. Thiesse noted assigned parking is not part of this application. Barnhart stated it would be appropriate to ask the applicant to include that on his plan. Barnhart indicated he believes the Metropolitan Council will be approving the City's Comprehensive Plan sometime in May. Thiesse noted Hennepin County is aware of this development as it relates to access. Barnhart noted he has received the applicant's clarifications on the trash removal system and storage and that Staff is looking for information on the programmed recreational space. Thiesse stated the conditions look doable and that it comes down to the details. Ressler asked if this site is guided already for this number of units. Barnhart indicated it is guided for 20 to 25 units per acre and that an RPUD allows an appropriate project to be developed for the site. Ressler noted this development is close to a major road,which is good, and that the current population of Orono is approximately 8,000. Adding 224 units would amount to 5 percent of the population, and in his view it is a lot of people living in one area. Thiesse stated to his recollection the Planning Commission previously said they would be more comfortable with a density in the low 20s. Libby asked whether the Planning Commission can make a motion on the IUP. Thiesse stated he would hope the Planning Commission can put together a motion on the IUP and then take action on the rest of it. Erickson stated he would like to acknowledge the comment from the audience that many of the one- bedroom units will have two cars and that his primary concern relates to the parking. Erickson indicated he does support Staffs recommendation,which is to move forward with the preliminary plat and to table the Master Site Plan. Bollis stated tabling the Master Plan would be good and asked whether it would be beneficial to pass the IUP at this time. Fretham indicated it would be beneficial since it tells the authorities that are working on the application for the cleanup that they are moving forward with the project. McCutcheon stated this is a big project and that he has had concerns expressed to him about the project. McCutcheon commented he is trying to look at the positives of the project and that Orono is an aging community. This project helps open the door for youth to come into the community and that in his view Page 26 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. it is going to work and be a success for the community. McCutcheon stated he would be in favor of the IUP. Barnhart stated his recommendation is to recommend approval of the IUP and move that forward and then table the preliminary plat,Master Site Plan, and zoning. Barnhart stated the IUP just has to do with the grading and transport of material. Gettman asked whether the IUP could have any conditions attached to it, such as lowering the number of units. Barnhart stated the IUP would allow the developer to transport the fill and also apply for a grant to clean up the site. Barnhart stated the IUP is not tied to the building. Gettman stated the number of units has gone from 190 units to 240 and is not much different from the golf course where a number of citizens were upset over the amount of homes being proposed for the site. Thiesse noted the site is zoned for high density. Ressler stated the Planning Commission would be approving cleanup of the site and not the number of units tonight. Erickson moved,Ressler seconded,to recommend approval of Application No. LA19-000025, Lakewest, LLC,3245 Wayzata Boulevard West,granting of an Interim Use permit,subject to Staff recommendations and comments by the MPCA,and further subject to approval of a development agreement. VOTE: Ayes 7,Nays 0. Gettman stated he would like to include a traffic management study and to include conversations with the school. Barnhart noted the applicant did not prepare a traffic study and that the City Engineer has not recommended one at this point. Gettman stated in his view it would help with questions concerning the cul-de-sac, ingress and egress, and traffic studies. Barnhart noted the Code requires a cul-de-sac and that this development should have a cul-de-sac. Gettman noted his commented about the cul-de-sac related more to the other development with the hammerhead next to this project. Barnhart noted that has already been approved. Thiesse asked where the cul-de-sac should be located. Barnhart indicated it should be located in the area of the private road. Thiesse stated he thought Staff wanted it down on the south end. Page 27 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. Barnhart stated Staff needs to look at how to accommodate the Fire Chiefs comments. Thiesse noted this is a Hennepin County road and that typically Hennepin County will tell the City whether a traffic study is necessary. Gettman stated it would help them decide whether or not a stop control device is needed and that in his view it would help them make an educated decision on the development. Barnhart stated it would be important for the Planning Commission to identify the scope of the traffic study and that parking would not be covered in a traffic study. Erickson noted Staff supports the preliminary plat, rezoning,and recommends the tabling of the Master Development Plan and that he is totally comfortable going with that. Ryan noted Hennepin County has commented on this application as it relates to access and that he would suggest they continue working with Hennepin County in looking at the traffic. Ryan stated a traffic study would be a waste of money since Hennepin County is designing the road. Gettman stated if Hennepin County is not going to do a traffic study, he would like the applicant to do one. Thiesse stated Hennepin County has already taken into account the number of vehicles that were contemplated for this site. Gettman stated he would like to see a study that addresses the traffic impact on the schools. Ryan noted the majority of the traffic from this site will go west to access Highway 12. Libby noted Hennepin County has already done a traffic study and that the proposed improvements to the road will accommodate those extra cars. Erickson moved,Ressler seconded,to table Application No.LA19-000025,Lakewest,LLC,3245 Wayzata Boulevard,preliminary plat,zone change,and Master Development Plan. VOTE: Ayes 7,Nays 0. 10. UPDATE ON APRIL 8,2019,CITY COUNCIL MEETING Barnhart reported on the following actions taken by the City Council: - The Halberman variance at 2799 Pheasant was approved,with the Council deciding to allow no more than 701 square feet of hardcover in the 0-75 foot zone. - The proposed subdivision at 1645 Shadywood was approved. - The conditional use permit for 7580 Kelly Avenue was approved but the side yard setback variance was denied. - The variance to the rear lot line at 3349 Crystal Bay Road was denied. Page 28 of 29 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 15,2019 6:30 o'clock p.m. 11. OTHER ISSUES FOR DISCUSSION None ELECTION OF OFFICERS Erickson recommended Jon Ressler for Chair. Ressler recommended Erickson as Vice Chair. Thiesse moved,Ressler seconded,to recommend appointment of Jon Ressler as Planning Commission chair and Bob Erickson as vice chair. VOTE: Ayes 7,Nays 0. ADJOURNMENT Ressler moved,Erickson seconded,to adjourn the Orono Planning Commission meeting at 9:47 p.m. VOTE: Ayes 7,Nays 0. ATTEST: John Thiesse, Chair Page 29 of 29