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HomeMy WebLinkAbout04-15-1996 Planning Commission MinutesORONO PLANNING COMMISSION MEETING MINUTES FOR APRIL 15, 1996 • HULL The Orono Planning Commission met on the above date with the following members present: Chair Stephen Peterson, Sandra Smith, Dale Lindquist, Janice Berg, and Elizabeth Hawn. Charles Schroeder was absent. The following represented the City Staff: Building and Zoning Administrator Jeanne Mabusth and Recorder Sherry Frost. Council member Hurr was present. Chair Peterson called the meeting to order at 7:00 p.m. ( #1) 7:00 P.M. - #2122 KAREN SKOOG/TAMERA CHRISTENSEN, 280/350 TONKA AVENUE 7:01 -7:08 P.M. A. VACATION B. SUBDIVISION OF A LOT LINE REARRANGEMENT The Affidavit of Publication and Certificate of Mailing were noted. The applicants were present. Mabusth reported that the comprehensive application was for a lot line rearrangement and the vacation of a portion of unimproved Hill Street. The property to be divided amongst applicants consists of lots 17 and 1.8, which have been legally combined, and have been assessed one sewer unit. The Skoog property would gain all of the vacated Hill Street. Lot 17 would go with Christensen's lot, and lot 18 would remain with the Skoog property. A 10' drainage and utility easement shall be dedicated within the vacated right -of -way to the extreme south edge, so as not to impede future additions to the Skoog residence. Mabusth said the City has no interest in Hill Street and is awaiting confirmation from surveyor to determine if there are any utilities located in Hill Street. Lindquist asked the width of Hill Street and was informed there is a 40' right -of -way. The applicants had nothing to add but asked that the sewer assessment be waived. Peterson said the Planning Commission is unable to waive the sewer fee but the request would be forwarded to the Council. It was noted that the Planning Commission is in favor of waiving the sewer assessment. There were no public comments. Lindquist moved, Berg seconded, to approve the lot line rearrangement, subject to the legal combination of the lots, and approve the vacation of Hill Street, subject to applicant dedicating a 10' easement to be located at the extreme south portion of the vacated right - of -way. Vote: Ayes 5, Nays 0. • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 • ( #2) 7 :30 P.M. - #2126 CITY OF ORONO - VACATION OF PORTION OF NAVARRE LANE 7:33 -7 :39 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mabusth reported that the recent O'Sullivan application involved the partial vacation of 33' of Navarre Lane along the northwest side of the property. The Council, in granting approval of the O'Sullivan's vacation, conceptually approved and recommended the City proceed with the comprehensive vacation. Navarre Lane has been barricaded since the 1960's. Part of the vacated land would be used for a retention pond to treat and store runoff from the contributing 4 acre watershed. There are several utilities located within the right -of -way. A 66' easement over the vacated right -of -way will be granted by the Lafayette Ridge Homeowners Association, John O'Sullivan, and the church. During public comments, Brett Hallonquist asked what was happening with the church lot. Peterson said there are no applications currently before the Commission regarding this property. Mabusth commented that the retention pond, which would receive runoff from the church property, would benefit the neighborhood. She advised that the neighbors should be award of the landscaping or barriers being placed along Olive Avenue. Mabusth said the City's recommendation for vacation resulted from their desire that no commercial vehicles enter through this area. Hallonquist asked if there were any drawings of how the • area will look. Mabusth invited Hallonquist to review the City's records. She noted that there were no drawings of the pond but suggested he review the drawings of the project at O'Sullivan's, Peterson moved, Hawn seconded, to approve the vacation of the portion of Navarre Lane subject to Staff recommendations and with Staff development of pond shrubbery. Vote: Ayes 5, Nays 0. ( #3) #7:45 P.M. - #2127 DAVID F. WILDE, 4689/4695 WEST BRANCH ROAD - SUBDIVISION OF A LOT LINE REARRANGEMENT 7:45 -8:10 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The applicant was present. Mabusth reported that the applicant proposes a lot line rearrangement of two existing lots, each 3+ acres in size. The property is located in the LR -lB, 1 acre zoning district. The 2 acre zoning district surrounds the property. The purpose of the rearrangement is to provide additional area for septic use to serve one of the lots. The access plan to the property is via a 25' road and utility easement along the west side of lot 2 of the West Branch Hill Subdivision. The City is concerned with the use of the 25' access located • within property to the north because the alternate septic site is close to the proposed access drive. Mabusth said additional testing will need to be done. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 • ( #3 _ #2127 David Wilde - Continued) Peterson asked if there is adequate area for an alternate septic site? Mabusth said this is unknown at this time. If the property is developed with access as proposed, additional septic testing would be required. Mabusth noted that the property is within the MUSA but no sewer is available to the property. Mabusth also commented that the property is close to the 9 -1/2 acre park land property to be given to the City. Mabusth located the parcels owned by the bank that the Saga Hill Preservation Society has an option to purchase for eventual transfer to the City as park land. Mabusth noted that the north access was considered and reviewed in 1980 by the County under a past application. The County, at that time, said the existing access could only be used by three properties. Any additional properties gaining access would require the hill to the east in the County road be reduced. Mabusth said the County allowed the access when the Trapp property was developed but stipulated that no additional properties gain access from that area. Mabusth said at the proposed level of use by 5 properties, the City would require a private road. Mabusth said the area and width of the property would satisfy the backlot division • requirements. David Wilde said the property was inherited by Barbara Sollner -Webb. Wilde said Sollner -Webb asked Wilde to represent her and find out what could be done with the property. He noted that the lots were 3 acre in size meeting the one acre lot size requirements. He agreed that the topography was difficult but was of the opinion that the lots were developable. He understands there are limitations to the lots. Wilde said he has spoken with other property owners, Hawkinson, VanSloun, and Trapp, and no objection was voiced. Hawn asked what was involved in reducing the hill in the County road? Mabusth said this would be a major project. Peterson reported that the Staff has asked that the application be tabled in order to gain guidance as to access to the property. Wilde said he was unaware of the county road problem. Peterson said the septic site was a major issue and must be resolved. During public comments, Carol Trapp, adjacent property owner to the north, said she was concerned with drainage. The steep grades could affect drainage onto her driveway. Trapp said she would prefer the development over vacant land or park land. Peterson said isproper drainage would be a requirement of any development plan. • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 ( #3 - #2127 David Wilde - Continued) Peterson commented that a roadway would require a cul -de -sac with a 80' finished diameter, platted at 100'. Bruce VanSloun, property owner to the west, said he was concerned with access. He said there were tremendous issues to be solved. VanSloun noted there was no cul -de -sac on the right -of -way now. He said he would need to know how this development would affect his property value. VanSloun noted that for a road going over his or the Hawkinson property, the easement that exists extends only part way through. Peterson commented on the need for tabling the application with the various issues being brought forward. He asked the applicant to work with the Staff and neighbors in determining access, easements, and drainage. Peterson moved, Smith seconded, to table Application #2127 to resolve questions noted. Vote: Ayes 5, Nays 0. ( #4) 8:15 P.M. - #2130 NORBERT JOHNSON, 1181 WILDHURST TRAIL - PRELIMINARY SUBDIVISION • The Affidavit of Publication and Certificate of Mailing were noted. �J Peterson moved, Smith seconded, to table Application #2130 at the request of the applicant. Vote: Ayes 5, Nays 0. ACTION ITEMS ( #5) #2088 WINFIELD STEPHENS, 3770 BAYSIDE ROAD - VARIANCES - CONTINUATION OF PUBLIC HEARING - WRITTEN RENOTIFICATION OF NEIGHBORS 7:09 -7 :32 P.M. The renotification of the public hearing to the neighbors was noted. The applicant was present. Mabusth reported that the vacation of the alley was approved earlier. The amended application, now includes the area of vacated alley totalling 20,143 s. f. Mabusth said the foundation of the structure was reviewed and found inadequate to support a second story. The project will now be a tear down and rebuild. An area variance will be required. 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 ( #5 - #2088 Winfield Stephens - Continued) Mabusth reviewed direction given by the Planning Commission in previous meetings advising that structural coverage be minimized in order to meet the code. The setback variances were to be reduced. It was also requested that no new addition be permitted to the east so as not to impact the views of the neighbor to the northeast. A 6' expansion is proposed on the east side. The variances required in the application are for setbacks, hardcover in the 250' -500' setback area and lot area. Mabusth said the proposal involves a 2 -story residence with the attached garage. The residence structure would be 50' from the Bayside right -of -way with the covered deck at 45' setback. The garage, which encroached Landmark Drive, will be removed. The 15' setback from the west lot line would satisfy the agreement with the Landmark Homeowners Association. The City requires a 50' setback A 3' setback variance would be required from the north side lot line. 15% structural coverage is allowed and is proposed at 14.3 %. There is a hardcover allowance of 30% in the 75 -250' setback and is proposed at 48.2% for a 18.2% excess. Smith asked what changes were made to the variance requests from the earlier proposal. Mabusth explained that there is now an increase in the lot area reducing hardcover and structural coverage excesses. Setback variances would be required for the expanded • second story. Smith said the proposal for 4 bedrooms, a den, and a porch was still excessive in her viewpoint. The applicant had no additional comments but was asked about the possible loss of the maples trees on the east side. Stephens said there would be some loss of the maple trees but was unsure how healthy one of the trees is. He noted that there would be a loss of 2 oak trees to the south. There were no public comments. Hawn said she was concerned with the tear down of homes on substandard lots and the rebuilding of homes larger than intended for a particular zoning area. She noted that the codes were present to ensure the proper size homes for a lot size. She was not in favor of a second story expansion with the current foundation problem. Peterson opined that approving the side and rear setbacks created a problem. Smith said with proposals of rebuilding on new foundations, the City was more critical and stringent in applying the codes. • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 • ( #5 - #2488 Winfield Stephens - Continued) Mabusth asked the Commissioners their opinion of the 3 -1/2' setback to the side lot line and what their recommendation would be of the encroachment into the County right -of- way. Lindquist noted the proposal meets the structural coverage allowed and suggested the home be rearranged on the lot to meet the setback. The applicant said the building inspector said the foundation could be used, if more support posts and beams were added, to extend the home 6' and add a second story. Mabusth noted that she will review this matter with the building staff. The former owner noted that the original part of the house had a fieldstone foundation that was 2 -3' thick and adequate to support the addition with a new foundation wall on the east only. Mabusth clarified with the applicant that the proposal would only require a new foundation wall on the east to support the structure. Hawn noted that the project would then not be new construction. Smith asked the applicant if there were any reductions that could be made to the home. Stephens said he used the 15% allowable for structural coverage in designing the house. Smith suggested reducing the structure to eliminate the need for any variances. • Lindquist noted if the home was rearranged, it could have significant impact on the views for the neighbor to the north, and felt there would be the need for a variance for setback. Peterson commented that the dramatic variances are for side and rear setbacks. Hawn commented on the need to be consistent when homes are being torn down and replaced. She noted the value in taking the impact to the neighbor's view into consideration. Mabusth clarified that the 3 -1/2' setback variance is for a side setback to the principal structure. The attached garage will be located 27' from lot line. Lindquist asked if the existing foundation would be used with the exception of the east wail. The applicant said the existing footings and foundation with-the exception of the east wall would be used. Peterson said the proposal would be acceptable to him if the applicant would remain within the existing foundation. Berg noted the need to clarify the inspector's comments. There were no public comments. • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 ( #5 - #2088 Winfield Stephens - Continued) Lindquist moved, Berg seconded, to recommend approval of Application #2088 for a 15' west side street setback for the garage, a 3 -112' north side lot line setback, structural coverage not to exceed 15 %, setback of 5' from Bayside Road for covered porch, with the understanding that the existing foundation will be used with the exception of the east foundation wall, which would be replaced. The Building Official must confirm that existing foundation, except for new support wall at east side, is to remain. Vote: Ayes 4, Nays 1, Smith, due to excess structure. Motion approved. ( #6) #2098 EVA THEOBALD, 4104 HIGHWOOD ROAD - VARIANCES - CONTINUATION OF PUBLIC HEARING - WRITTEN RENOTIFICATION OF NEIGHBORS 7:40 -7:50 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Stuart Hoarn represented the applicant. Mabusth reported that the original application has been revised. The street setback remains the same as originally proposed. The west side lot setback, originally proposed at 6.8', has been revised to 9.5', where 10' is required. The separation of the neighbor's • garage to the house has been revised to 11', meeting required 10' separation. The lakeshore setback is met by the proposal. The lot coverage has been revised to 1492 s.f meeting the 1500 s.f. allowable. The hardcover in the 75 -250' setback, originally proposed at 46 %, has been revised to 40 %. The code allows 25% in this zone. The lot area and lot width remain the same. Hoarn commented that the applicant and he reviewed and followed the Planning Commission's direction, which resulted in the amended proposal. Hoarn asked that the application proceed on to the next Council meeting. There were no public comments. Hawn asked if the driveway was of the size to allow a visitor's car to park. Hoarn said the driveway would hold two cars with two cars inside relieving some of the street parking problem in the area. Commissioners commented that the proposal was in keeping with the neighborhood, and the applicant's addressed the concerns previously brought forward by the Planning Commission. Hawn said she was concerned with precedent setting and noted the need for the • Commission to discuss the overall codes and set specific guidelines. �J �J MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 ( #6 - #2098 Eva Theobald - Continued) Peterson noted that the lot width was a problem with the application. Mabusth commented that drainage and storm water was a problem for this particular neighborhood. Hawn commented on the 40% hardcover being proposed in the 75 -250' zone. Lindquist noted that the applicant was allowed 15% structural coverage. Peterson added that the coverage was behind the 75' line. Hawn said she would like the resolution to note that no additional hardcover be allowed. Smith added that the proposal was in keeping with the area. Lindquist moved, Hawn seconded, to recommend approval of Application #2098 for side setback on east and west, street setback, hardcover in the 75 -250' zone, and lot area and width variances, with the understanding that Staff, Engineer, and adjacent property owners review the drainage to the east. Vote: Ayes 5, Nays 0. ( #7) #2124 JOHN A. EARLING, 2165 COLIN DRIVE - VARIANCES - PUBLIC HEARING 8:11 -8:29 P.M. isThe Affidavit of Publication and Certificate of Mailing were noted. The applicant was present. The property is located on the south side of the cul -de -sac on Colin Drive, off of Brown Road. Mabusth noted that the proposed detached garage has been increased in size to 18'x30'. The garage is proposed 10' from the road outlot extension, and will maintain the 50' required setback from the cul -de -sac and 50' in front of the principal structure. Mabusth reported that the maximum height of the structure is 18'. Peterson inquired if the City had any plans to develop the outlot road. Mabusth said it would only be built if needed to connect with development to west, but this would be decided by City at a future unknown date. Peterson asked how the garage location on the lot was determined. Earling said the other two options considered were affected by the location of the wellhead and visual impact on view from the master bedroom. The only variances required for the application is the 40' variance from the street with the garage being located in front of the principal structure. r� MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 ( 97 - #2124 James Earling - Continued) Earling said the area is a good location as there is good coverage with elms and vegetation of 15 -16' in height blocking out any impact on the O'Shaughnessy's, his neighbors to the immediate north. It was also noted that the downward slope from the O'Shaughnessy's house minimizes any impact. Smith asked what the purpose was for the garage. Earling said he would use it to store his boat and garden equipment. Smith asked if he considered placing the garage closer to his home outside of the two locations previously mentioned. Earling said if he moved it farther down on the property, the cost for the driveway would escalate. It would also create a tunnel with the woods. He said it was his goal to keep the garage out of the way and sheltered by the trees. Smith said she would prefer the structure being located closer to the house. Peterson said the size of the structure was not a problem. He commented on the precedent of setting the garage in front of the principal structure but noted the large size of the lot. Peterson questioned whether the structure should be placed so close to what could be a road at some point in time. Peterson said the access structure being placed in front of the principal structure was a separate issue and was more concerned with street Amsetback. • Lindquist was informed by Mabusth that the extension road outlot was 50' wide. There were no public comments. Hawn commented that the structure sight was tastefully placed with it being hidden in the downward slope_ She noted that a barrier of trees would aid the location. The applicant said he would be willing to add trees. Hawn suggested evergreen trees. Smith noted, with the size of the parcel, there should be other places on which to locate the structure. Earling said to move the structure to the east would bring it near where the property drops to the creek and is also where the gardens are located. Earling said he was making use of the belted tree line and the structure would be 35 -40' from the neighbors. Earling said he thought the goal was to make the structure inconspicuous. Earling noted that the pitch of the garage would match that of the existing garage. Berg and Lindquist commented that the structure placement was not an issue and was the best location for the garage. D] MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 •( #7 - 92124 John Earfing - Continued) Lindquist moved, Berg seconded, to approve Application #2124 for a 40' street setback variance and placement of structure 50' in front of the principal structure. Vote: Ayes 4, Nays 1, Smith. Smith noted her objection to the location near the outlot, the front yard, and other areas within the parcel where the garage could be located. ( #8) #2125 RICHARD D. CLIFFORD, 4760 NORTH SHORE DRIVE - VARIANCES - PUBLIC HEARING 8:30 -8:55 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. Clifford was present along with the buyer of the property, Tim Olson. Mabusth reported that the application was for variances to lot area and lot width, both variances which have previously been approved by the City in 1984 and 1986. Since then, new shoreline regulations have taken affect, and a setback variance is now required for land alterations within the required 20' setback from the top of a bluff. The bluff is located in the street yard adjacent to the county road. The structure meets the required setbacks. The 20' impact zone would be impacted by land alteration encroaching 3' into the zone. • A letter from Ceil Strauss of the DNR was read stating the structure meets the setbacks and noting the amended elevations will provide a stormwater benefit. Strauss, with the grading as proposed, approved the application, noting the runoff would be slowed down and ponded somewhat on the property. is Peterson noted that the bluff issue went into effect in 1992. The City adopted the code based on state and federal regulations. He reported that there were strict guidelines in determining whether an area was a bluff. Olson questioned, based on the 44% rate caused by the cut of the roadway, whether a second bluff was created. Mabusth informed Olson he could meet with Mike Gaffron, who did the analysis. In public comment, Jim Thomsen, 4750 North Shore Drive, said he was concerned with approval of a width variance. Mabusth said the measurement is taken at the setback line from the north by coming in 35' and measuring the distance. Mabusth said the standard is 140'. Thomsen asked how close the proposed building would be to his existing building. Mabusth said the setback is 10' and is proposed at 1.5'. Thomsen asked about the elevation of the home. Mabusth said the home was a walkout design with 3 levels being visible from the county road and two from the north. 10 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL, 15, 1996 ( #8 - #2125 Richard Clifford - Continued) Frank Koubsky, 4784 North Shore Drive, questioned the addition of another user of the driveway within Park Lane. Mabusth said this issue was never raised by neighbors or the City in the earlier variance reviews, but felt at a minimum address changes and address signage at Park Lane and Tonkaview intersection must be resolved. Patti Affeldt, 4765 Tonkaview Lane, asked if Park Lane would be widened to facilitate the new residence. Mabusth said a private driveway that serves 4 residences is maintained privately and is located within 30' of unimproved public right -of -way. She noted that there was not enough right of way to improve the roadway to a public road. Thomsen said there was no homeowners association. All of the residents pay to maintain it. There are 4 residences now on the road with a total of 6 possible. Thomsen said there is no turnaround. Affeldt said there were two residents with the same address at this time. Koubsky voiced concern over the building sites. He said he had only a limited amount of yard and was concerned with a road using up any more of his yard. He also voiced concern with views and destruction of landscape. Sandy Thomsen noted that the homeowners have maintained a buffer of trees and is concerned that it not be destroyed. Clifford said there were many dead trees on the • property but trees were present on both sides of the proposed home. Clifford commented that any building within 10' of an oak tree may kill the tree. The east setback at 15' may result in the loss of trees, but Clifford said on the west side with the 35' setback, the line of evergreens will be saved. Mabusth asked if the house could be moved to the midpoint of the lot. Olson said it could not, adding that the east side contained the majority of small trees, many of which were dead, and only a few large trees. Mabusth informed the applicant of the requirement in providing a planting schedule. is Mabusth noted the plantings in south yard will provide both a visual and sound barrier to County road. Olson had planned on leaving the area natural. Affeldt inquired what the current ordinance said regarding use of a road. Mabusth said three units require upgrade to a road. She added that this particular roadway could not be improved with the current easements. Peterson added that the road as it now exists could not be approved by today's standards. Smith moved, Lindquist seconded, to approve Application #2125 with applicant providing a landscape plan, the use of silt fencing, and payment of a sewer unit charge with building permit. Vote: Ayes 5, Nays 0. 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 • ( #9) #2128 ORONO HOCKEY BOOSTERS, INC., 1025 OLD CRYSTAL BAY ROAD NORTH - CONDITIONAL USE PERMIT - PUBLIC HEARING 8:59 -11:03 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mark Engebretson was present representing the Orono Boosters, along with architect, Ted Roseboom. Engebretson stated the ice arena was being engineered by Hamilton, Green, and Abrahamson, and building contractor is Kraus Anderson. Engebretson updated the Commission on the main topics. He noted the filing of the application with the Met Council by the City to bring the site within the boundaries of the MUSA for sanitary sewer. Some downstream pipe work would need to be done before any start of the project. The sanitary sewer is necessary for the project to be constructed. Mabusth said the school property may be addressed by Met Council as a separate issue from the more comprehensive comp plan amendment. Engebretson noted their desire to maintain the construction schedule, which would require a 5 month period. The Boosters would like to have the ice arena operational for girls varsity hockey to begin on October 31, 1996. The Boosters will pay for the number of sewer units established. Engebretson said an application has been submitted to the MCWD for a stormwater • management plan. Mabusth said the permit would be required before a building permit is issued. The lease with the school district needs to be signed before construction can begin. A draft of the lease is expected from the school this week, which will be reviewed. Gerry Timm, 2885 CoRd 6, asked if there would be any stipulation of a future purchase of the ice arena by the Boosters. Engebretson informed her they would be tenants only. • Engebretson said there was a zoning code requirement of 80% funding raised before the City could approve the conditional use permit. The school required 90% of the funds be raised but will not sign the lease until 100% of the funds have been raised. Therefore, Engebretson said the project will require 100% funding before construction would begin. Engebretson said a meeting with the general contractor, Kraus Anderson, is scheduled for Wednesday, April 17, to establish a guaranteed maximum price, which will include the rubber flooring, landscaping, and ice. He said the costs are expected to be about $50,000 higher than originally planned. A cost of $2.3 million is projected to be spent before doors will open, which is $150,000 higher than originally planned, but noted that the $100,000 soil correction will be paid for by the school. 1.75 million has currently been raised according to Engebretson. A $125,000 Mighty Ducks grant is expected to be awarded on April 22. Engebretson said he expects the fund raising to be on schedule. 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 9 ( #9 - #2128 Orono Hockey Boosters - Continued) Engebretson said the entity under which the ice arena will be run is a new non -profit association issued through the IRS. The Boosters propose to have 3 of the 5 directors come from their membership with the school appointing 1 and the City 1. A neighboring property owner will act as a liaison to represent concern of the neighborhood. Hawn was informed that the liaison would not be a voting member. Regarding issues with the neighbors, Engebretson said two meetings were held with 21 property owners in attendance. A number of changes were made as a result of these meetings. A major change was to redesign the roof. The original bowstring design was changed to a flat roof to demass the project. Engebretson said neither the school nor the neighbors liked the exterior design. This resulted in a change to pre -cast panels, which will allow for more flexibility. A $29,000 landscaping budget has been set. Timm said this was not enough money. Fencing will also be erected to separate the arena from the neighboring homes. Engebretson said the parking lot would be phased in with gravel allowed to settle due to the soil conditions. Paving and curbing, along with the parking lot landscaping, will be done once the settling has occurred. Lindquist asked where the Boosters were in resolving the issues of concern brought IS forward by the neighbors. Engebretson said they have responded to the size and height of the building, the exterior, landscaping, and fencing. The neighbors would like the parking lot placed near CoRd 6 with the building moved to the south but Engebretson said this would probably not occur. Engebretson said the plan is for a south facing lobby and a close relationship with the high school to assist with overflow parking. There would be a change to drainage patterns if the building was moved. The main reason to maintain the building location is for aesthetics. Engebretson was asked about the elevation of the parking lot. The building itself will be sunk into the hillside and be on a downward slope from the neighborhood. Roseboom said there will be drainage and catch basins within the parking lot. Karin Zeeb said she was concerned with the effect of drainage on their properties and into their septic systems. Roseboom said the drainage will go into a storm water retention area and filter into the swales. Peterson told Zeeb that the City will review the drainage, and it should not have an impact on their properties. Other issues of concern for the neighbors were hours of operation, noise and traffic, lighting, fencing, safety, and CoRd 6. Roger Zeeb said the issues keeps going back to the fact that the arena is too large of a structure for the small lot. He said the setback from the residential lot line, which was originally suggested to be 100', was returned to that allowed in the code at 50'. He noted Is that the Planning Commission represents all of the residents of Orono and should adhere to the philosophy of open space. 13 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 ( #9 - #2128 Orono Hockey Boosters - Continued) Peterson commented that the property being school property has a bearing on the location, and some variances will be made to allow a property to be usable to benefit the citizens. Peterson said the ice arena would be for the benefit of all citizens. Zeeb asked what would happen if problems occur. Peterson said the problems would be corrected. Peterson noted that the Commission has to rely on the expertise of the engineers. Zeeb asked if the City has ever changed so many rules for one project before. Engebretson noted that the 50' setback from the residential property is being maintained, not changed. Gerry Timm said the ice arena would affect her whole life with the wall of the building facing her home. Peterson asked the neighbors what they had thought would be erected on the property when they purchased their homes. Timm noted it does not matter that she knew an area was to be constructed on the property. Timm said the arena goes against City philosophy and feels it is a "done deal ". Karin Zeeb said she was told a hockey rink would be built. Zeeb said nothing was planned for the property when he bought it. Karin Zeeb said the land should be left natural for children to play in. Roger Zeeb said an open rink or baseball field would meet approval but not a large building. Engebretson noted that the school building is larger. Regarding the parking lot, Roseboom said the initial plan was for one large parking lot on the south side. It was then changed to a split lot to accommodate the wetland. The 88 -90 stalls will meet a joint use with the high school and its parking lot to accommodate the 200 stalls required. The split will allow for more green space. Roseboom also noted that the building being pushed down into the hill will present a lower profile for a maximum 30' height. The exterior materials will present a more corporate look with the use of a Mankato Kasota Stone. The stone will be punctured for a sign on the building and for medallion lights. Smith asked if there were maintenance problems associated with a flat roof. Roseboom said the preference would be for a pitched roof, which would have a longer guarantee. The flat roof would be given a 15 year warranty. The positive side of the flat roof is the ability to have all of the equipment stored inside. This will eliminate more noise and assist in maintenance. Karin Zeeb inquired about the venting of the equipment. Engebretson said they have requested that there be no outside venting. There will be louvers on the north and south side to vent the air conditioning but will have 12" of insulation. 14 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 9 ( #9 - #2128 Orono Hockey Boosters - Continued) is Peterson asked about the walkway between the arena and school. The path will be setback from Old Crystal Bay Road, 40' in length, and of bituminous materials. The lease calls for the path to be maintained by the school and replacement costs paid for by the Boosters. Karin 7.eeb said the students will use the hill inside of the path taking the shortest route possible. The fencing placement and material, separating the arena from the residential area, will be determined once the building is erected with direction provided from Gerry Timm as to the type. Jim Grabek, 3050 Jamestown Road, said the project has been underway for years, yet the neighbors have only been involved since January. He said the setback was changed to accommodate the project. He feels the lot is inadequate for the number of parking spaces and will create parking problems during major events. Grabek said, with the shortcoming of the school budget, he objects to spending $175,000. He said the building placement is inconsistent with the comprehensive plan. He noted the plan calls for the promotion of development with that of a neighborhood and not in conflict with a neighborhood. He said he is not opposed to the arena but feels the site is not appropriate to the neighborhood or for the City. Grabek said the arena is inconsistent with the open space plan. Grabek reviewed pictures taken of the site with the Commission in relation to CoRd 6. He asked that the Commission consider moving the building to provide more protection for the neighbors. Grabek said the soil borings are not conclusive that the building could not be moved to the south. Engebretson said he had informed Grabek that if money was the issue, the Boosters would move the arena to the south. He said they reviewed it from an aesthetic and functionality standpoint. Roseboom noted that the building has a corporate look, not that of a building with many loading doors. Roseboom said the preference is not to place a parking lot in front of the door. He noted the receipt of sunlight is the functional factor with a south facing building being the best. Grabek asked about an entrance to the east or the southeast side. Roseboom said arenas work best with entrances on the ends of the building. Grabek suggested entering across the wetland and asked for additional soil borings. Engebretson said there is no reason for additional soil borings as it is not an issue of soils or cost but one of aesthetics and functionality. 15 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 ( #9 - #2128 Orono Hockey Boosters - Continued) Grabek said the areas of contention need to be discussed. Peterson said the Commission takes the engineering standards and review it. Grabek said engineering and staff are inconsistent. Mabusth noted exhibit F, which stated the engineering comments on the soil borings, paragraph 4, page 2, last sentence, which was read. Grabek said he was told the borings were not conclusive. Grabek asked if a shadow print has been done on the building. Mabusth asked the Commission if they would recommend one. Peterson said it has not been done in the past. Peterson noted that the Commission looks at the information that they are provided in determining the viability of an application and finalized by the City Staff, Engineer, and applicant's engineer. Grabek noted that the wall would be 20' high, 160' long, and located 50' from CoRd 6. Roseboom said he would be more concerned if the building was moved to the south as it would affect the southern exposure for the residents. Grabek said the arena infringes on the Timms and others and blocks the sun from the Timms. Hawn commented if the building affects the east sun and the view, what else would be learned from a shadow print. Hawn said that all concerned have agreed that the arena will affect the Timm property. Grabek questioned the amount of funding necessary before construction. Engebretson reiterated that the City adopted a zoning code calling for 80% of funds raised prior to construction but the lease will not be signed without 100% of the funds raised. Grabek commented that the "push down, push in" of the building would have the same effect if the building would be moved 150' south. Grabek asked if there would be absolutely no noise from the louvers. Engebretson said there would be some noise from the louvers. Grabek commented that whether the Timms moved to this particular location should not make any difference, and the City should not have free rein to place it where they want. Engebretson said he objected to this statement. He said it is not neighborly to say the residents should not have moved there or if they knew what would be going into the area. He said the Boosters owe the residents a top job on how it is constructed. He reiterated that the code was always 50' setback from the residential lot line and was proposed at the 100'. Grabek said the 50' setback was passed to accommodate the building. Engebretson said it was maintained to keep the setback the same as for a school. Hawn said Grabek was incorrect. She noted there was no vehicle by which to deal with the building. With the school setback at 50', the ordinance clarified the school uses and its use by a non -profit organization. 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 9 (#9 - #2128 Orono Hockey Boosters - Continued) i Grabek commented on the amount allowed for landscaping. Hawn said the Boosters are committed to creating a design and meeting the cost. Peterson noted the amount of landscaping money can go a long ways under a 5013C plan. Grabek asked if the Commission had any opposition or objection to moving the building. Hawn said it can be looked at but the parking lot is to be located to the south to allow easy access of the children between the buildings. Hawn said she would think the neighbors would prefer a building to the noise of a parking lot. Peterson said he objected to the parking lot at County Road 6. He said he would not approve the project without accessibility to more parking. Grabek asked the Commission to revisit the issue. He noted there was only 160' of walking distance from the school. Lindquist said he objected to moving the building to the south as he wants the building to face south and provide access with the parking lot to use for student parking. Berg agreed. Grabek asked for a copy of the tape of the meeting. Smith asked Grabek if he was representing his own viewpoint or that of a group. Grabek said he was representing himself. Karin Zeeb asked if any other sites were considered. She was informed that the baseball field site to the east had been considered but viewed unfavorably by the City. Engebretson said the Boosters preferred this site as the purpose is driven by the youth and high school use. Engebretson said the Mound Pond was also considered but it was not a priority of the school district. A joint venture with Wayzata was also considered. Karin Zeeb said her main concern was safety. She noted the dangerous hill by Jamestown and fast traffic. Zeeb said there will be a problem with congestion from cars entering the parking areas and the baseball fields. She was concerned with children walking home from school. She noted the large number of accidents. The possibility of turn lanes was brought up. Zeeb also noted the bike route. Peterson said he agreed that CoRd 6 was a problem but changes were made at the County level. He noted that the original application to the east called for access from CoRd 6 but was rejected. Roger Zeeb asked the City to lower the speed limit. Peterson said the City does not make this determination. He noted when review of speed limits are done, car flowage is measured and speed limits may actually rise. 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 ( #9 - #2128 Orono Hockey Boosters - Continued) It was noted that a bike /hike trail will be installed along the east side of Old Crystal Bay Road. Karin Zeeb asked if an environmental impact statement was done. It was noted that this was not required. Zeeb said the MPCA said one could be requested to monitor noise and pollution and could cause a 2 -3 month delay. Engebretson noted that timing of the project was critical. Peterson asked about signage. Roseboom said there would be no monolithic free - standing signage but a 4' window on the facade with the words, "Orono Ice Arena ", imprinted in the precast concrete on the north side. It was noted that the application does not propose any signage, which needs to be part of the package. Engebretson said the administration, campus -wide, has no signage. He was informed that the community would need directions into the facility. Engebretson said the school intends on having a program -style plan and coordinate this signage with the ice arena in order to use the same design. Lighting of the facility was discussed. Roseboom said there will be four 25 -30' lights designed not to impact the residential area by being shielded downward. It was noted that is the lighting must meet City code. Karin Zeeb questioned the inability of high school children to walk across campus when the nearby day care walks across the street. Peterson said there is a safety issue on Old Crystal Bay Road. Zeeb asked to be on record that the arena will be a "disaster waiting to happen ". Timm asked why any variances would be allowed. She was informed that there were two variances being requested and a conditional use permit. Peterson noted that the Planning Commission would make a recommendation to the Council. Any legally binding decisions are only made by the Council. The conditional use permit allows the ice arena use as being an appropriate use for the school campus. Peterson reviewed the application. He noted in addition to approval of variances and CUP, the sewer issue must be resolved and the lease in place with adequate funds raised. A light plan will be reviewed with the City Engineer. It has been determined that the ventilation equipment being located inside the building as being the best location. The County will be involved with the traffic issues. The Engineer must approve any drainage plans, and the site must maintain storm water runoff. The applicant will work with Staff on the landscaping plan. Peterson noted that the roof height of 30' does not exceed that allowed in residential zoning and is of a non - intrusive design. 18 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 ( 99 - #2128 Orono Hockey Boosters - Continued) Engebretson said the hours of operation during non -ice times have not been set. He suggested the hours of 7:00 a.m. to 9:00 p.m. He said the purpose of the building during this time will be for daytime sports, recreation, and meetings. Engebretson said the non - ice time will be between March 15 and September 15 with the possibility of year- around ice in the future. Prime time ice hours will run from 5:30 a. m. to 11:30 p.m. Engebretson reported that there will be no hazardous material used when asked about pollution problems. Mabusth noted that a calculation of signage will need to be done. The allowable signage is 12 s.f., and the application will require an area signage variance. When asked how the sign imprinted into the concrete will be viewed at night, Roseboom said an indirect light will be on the sign. There will also be a 4'x4' medallion window with lighting. Engebretson said arenas usually do not operate with lighted signs during the evening hours. Roger Zeeb asked about access from Old Crystal Bay Road. Peterson said the bond referendum, which was turned down, had addressed issues of correcting parking and access. Peterson said the school was considering to restrict and reconfigure Old Crystal Bay Road between CoRd 6 and Hwy 12 and make it part of the school campus. This would have involved an internal roadway. Peterson moved, Lindquist seconded, to approve Application #2128 with Staff recommendations 1 -7. Vote: Ayes 5, Nays 0. Grabek inquired if the shadow imprint and additional soil borings were part of the motion. Peterson informed him that the Council will make the determining decision. It was noted that the application will go to the Council on April 22 regarding the variance to the Highway 12 moratorium. ( #10) #2129 JOHN PENDLETON, 350 NORTH ARM LANE - CONDITIONAL USE PERMIT - PUBLIC HEARING The application was withdrawn at the request of the applicant. PLANNING COMMISSION COMMENTS ( #11) OTHER ISSUES FOR DISCUSSION 6 There were no additional issues discussed. 19 r1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 ADDITIONAL ITEMS ( #12) PLANNING COMMISSION APPROVAL OF MINUTES OF THE MARCH 18, 1996 MEETING Smith moved, Lindquist seconded, to approve the Minutes of the Planning Commission Meeting of March 18, 1996. Vote: Ayes 5, Nays 0. ( #13) PLANNING COMMISSION TO SELECT A REPRESENTATIVE TO ATTEND THE MAY 13, 1996 MEETING OF THE COUNCIL No representative was chosen. ADJOURNMENT Chair Peterson adjourned the meeting at 11:05 p.m. Stephen Peterson, Chair Person 20