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HomeMy WebLinkAbout01-21-1997 Planning Commission Minutes• } ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 21, 1997 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Dale Lindquist, Charles Schroeder, Sandra Smith, Lili McMillan, and Elizabeth Hawn. Janice Berg and William Stoddard were absent. The following represented the City Staff: Building and Zoning Administrator Jeanne Mabusth, Assistant Zoning and Planning Administrator Michael Gaffron, City Planner Elizabeth Van Zomeren, and Public Services Director Greg Gappa, and Recorder Sherry Frost. Mayor Jabbour and Council Members Kelley and Goetten were present. Chair Lindquist called the meeting to order at 7:00 p.m. SCHEDULED PUBLIC HEARINGS/PUBLIC INFORMATION REVIEWS Gaffron informed those in attendance regarding Agenda Item 97, County Road 15 Road Improvement, that the intent of this review at this meeting is to consider wetland mitigation only. Discussion of the design and layout of County Road 15 road improvement would not occur. He reported that the Council will conduct that forum at a meeting in the future. A neighbor inquired if in fact the road improvement would ever occur. Gappa said some research was being conducted and a meeting would be scheduled in a few weeks. This • neighbor asked that the Staff consider the engineering review previously performed. Mel Harrison, 1410 North Shore Drive, reported that he is concerned about safety due to the frequency of motorists making U -turns in the vicinity of his property. He asked when he would have the opportunity would occur to discuss the road hazards to include the problem with speeding along the curve of the roadway. Lindquist informed him he would have that opportunity at the Council level. Jabbour informed the Commission and audience that the discussions regarding the roadway has been underway for the past two years through several public hearings. He noted the final hearing was held in December, 1996, at which time, the Council approved the contract with the County for the County Road 15 road improvement. Jabbour reported that he was willing to discuss the improvements but the approval of the layout has already occurred. He noted that the intersection is a separate issue. The turning lanes and Indian Mounds have been discussed. Jabbour met with those interested in another area of the chambers to inform them of what has already taken place. • a f MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 • ( #1) 7:00 P.M. - #2201, GEORGE ADAMS, JAMES FIEGER AND S.T. ROBB, JR., 570, 580, 590, AND 600 BIG ISLAND - VACATION OF UNIMPROVED RIGHT -OF -WAY 7:10 -7:47 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicants were present. Gaffron reported that the application was a request for a vacation of the dedicated portion of right -of -way of the Pleasant View plat of 1888 due to the need for upgrading of septic systems. The applicants have met together to obtain a suitable location for a combination septic. Gaffron informed them that the City is appreciative of these efforts. He noted the property locations as well as the platted right -of -way to the east and west and park property. The park is an unimproved City park that is designated as park property only. The location found to be acceptable for the septic systems is in the right -of -way. Gaffron suggested vacating be made of only a portion of the right -of -way and a rededicating of the an adjacent portion but noted this would interfere with the access to the Henderson property. The Staff memo also refers to the need for vehicular access for the properties to the rear due to the high elevations. Gaffron said the Staff recommendation is for denial of the comprehensive vacation but request applicants to accommodate the septic in one area and enlist the assistance of adjacent property owner Erickson for legal access to the • Henderson property. Gaffron noted the number of letters received from neighbors and utilities regarding the vacation. The letter writers are not in favor of the vacation. Adams reported that the access road utilized by the property owners and is located between the Robb property, and it extends to and crosses over the Fieger property. He stated the park property is mainly under water all summer long. Adams said the area is completely forested and would not enable a fire engine to cross. The area to the east is mainly swamp. Fieger said the applicants have never asked for the vacation of the entire "T" area but only the area on the right side (east) which affects his own property. Fieger said he is willing to make a shift in his property line to allow the other properties to continue crossing to gain access to their properties. He noted lot 22 is under water, adding he also owns lots 23 and 24. Adams and Fieger have owned their properties 20 years and Robb 40 years (owner of lots 19, 20, and 21). Fieger informed the Commission that the only suitable soils found for the septic is the location noted. • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 • (#1 - 92201 Vacation of Unimproved Right -of- -Way -Big Island - Continued) Adams reported that the plans have cost the applicants $3,200. The applicants asked the septic tester to come up with the best plan for accommodating their septic systems, regardless if the outcome is one combined system or three individual ones. The current systems are non - conforming but are not polluting the ground. He noted that the compliance for these seasonal dwellings is the same as that required by year -round homes resulting in an astronomical cost for 10 weeks of use each year. Adams says the best recommendation would allow for a truck to stay in a barge and pump out the systems. He added that there is no access to the properties to the rear. Robb noted where the utilities were located. McMillan inquired of the property owner to the east of the Robb property. It is noted to be quite heavily wooded. Adams said alot of the property is under water and there is only a limited area for building on. Gaffron informed the applicants that if the small triangular portion was vacated and the road replatted further north, there would be a need to gain a small piece of land from Mr. Erickson to allow access to the Henderson property. Gaffron questioned whether the City should give up 33' in exchange for 10'. • Smith asked if there was the ability or the septic location to be pulled back in toward their y P p properties. Adams said the drainage would then flow toward the Henderson property. There is also a hill on the other area, and the septic needs to slope toward their properties and not others. Smith asked what effect the change in right -of -way would have on public access. Gaffron said the accommodation could be made but an agreement would have to be reached with Erickson for the Henderson access plus an agreement for utility easement. Hawn inquired if NSP would require an agreement. It was noted that the utility comes in underground to the first pole to the transformer. Adams said NSP uses his dock to gain access. During public comments, Don Henderson, 1518 Normandale Court, reported he has been the owner of the property to the east for 40 years. He stated the lot is buildable. He noted that property with direct access is worth more. He said he is probably willing to consider changing the location of his access to allow the applicants septic needs as long as he still retains a 34' access. He noted that the information packets points out that the DNR and property owners to the west, east, and north are opposed to the vacation and Staff does not recommend approval but requests the access remain open. • t MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 ( #1 - #2201 Vacation of Unimproved Right -of -Way - Big Island - Continued) Robb said the confusion lies in that the letters address the easement between the Adams and the access which is the wrong easement. It has not been the applicants intent to vacate that portion of property. The Commission discussed the access changes, concerns for septic and driving over drainfields, and the need to retain access to the Henderson property. Hawn asked the applicants to speak with Mr. Erickson regarding the sale of a piece of land for a new corridor to give direct access (not easement) for egress and ingress as currently there for Mr. Henderson. Henderson said that would be acceptable as long as the width of the access remains the same. Fieger said he did not know if Erickson would be willing to sell the land. Adams was informed that no approval could be made at this time without knowing the outcome. Adams asked the Commission what would happen if Erickson is unwilling to sell with no other solution for obtaining a conforming septic. Smith inquired if there were any other concerns from Staff if this access could be resolved. Gaffron said the primary concerns are a septic in the right -of -way and providing an easement for utilities. It was noted that no other site was found satisfactory for a septic. Gaffron said Big Island is allowed structures without septic systems under specific conditions. It was noted that Henderson • does have enough dry buildable land. The question of holding tanks and pumping was considered. Gaffron reported that holding tanks would not be the first choice and would probably require a variance, but he would have to review the code. Fieger said he would prefer a holding tank due to the cost of the septic system. The length of piping was also discussed. Adams noted that the septic design allows for 640 gallons of water per day per cabin capacity which is extreme considering its seasonal use. �J Schroeder moved, Smith seconded, to table Application #2201 to allow the applicants to research further options for access through acquisition of property from Mr. Erickson. The applicants were also encouraged to speak with Staff regarding holding tanks. Vote: Ayes 5, Nays 0. ( #2) 7:30 P.M. - #2204 JAMES G. FULLERTON III, 3350 AND 3400 FOX STREET - CLASS III, PRELIMINARY SUBDIVISION /CONDITIONAL USE PERMIT 7 :47 -8 :02 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant, James Fullerton, and Attorney, John Winston, were present. 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 •( #2 - #2204 James Fullerton - Continued) Mabusth reported that the applicant proposes a 5 -lot subdivision of the Fullerton property. Lot 3 is encumbered by a view easement covenant which will run for 30 years. There are no Orono designated wetlands, but the wetland delineation report located a type 2 wetlands within Lot 3. Tract E, a ten plus acre parcel not included in subdivision, has deeded rights to use of private road but limited to two future residential units. There is a potential for a total of eight lots to be served by private road. Lot 4 could be subdivided in the future based on current zoning standards. Lots 1 and 2 could not be further divided because of septic limitations. The view covenants on Lot 3 would limit further division. Along with the subdivision, the application includes a request for a conditional use permit for a guest house on Lot 3. Staff has inspected the structure and found it to be structurally sound. Lot 3 meets the area and width standards for two residential units. The guest house would be served by a future primary septic system to serve Lot 3. The system has been designed for 8 bedrooms and would include 2 bedrooms in the guest house along with the 6 bedrooms in the primary residence. Mabusth reported that the major issue for this application involves required upgrades of existing drive to be converted to private road. Staff met with the Assistant Fire Chief of Long Lake. Cox found that there would be specific upgrades needed to meet needs of • emergency vehicles. The amenities and plantings were noted. Review of ditching and curbing is necessary to minimize impacts. Mabusth said the Engineer and Asst Fire Chief requested the road be upgraded to a 24' width. The applicant's plan already reflects a change in curve radius where road extends south and west. Mabusth noted Gustafson wanted monuments relocated to meet 24' wide opening but Cox felt the monuments could remain as long as a 28' wide paved road was installed to the west side of monuments for approximately 100' length. The drainage for the subdivision will drain to northwest at road intersection through Lots 1 and 2. The remainder of drainage will run to south of road on existing swale in Lot 5. The accessory structures within Lot 2 would be removed as well as the structure located on the shared lot lines of Lots 3 and 4. John Winston reported that the applicant is considering the creation of 5 lots from the original 3 and does not have the same viewpoint as the Staff with regard to the future divisions. Winston said he would like the opportunity to review the roadway changes with his engineer and work out the details with Staff. He noted that the applicant appreciates the ability to maintain the monuments. Jim Fullerton said it is their attempt to maintain the ambiance of the property. • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 ( #1 - 92201 Vacation of Unimproved Right -of -Way - Big Island - Continued) The subdivision includes Lots 4 and 5 as lot line rearrangement and the division of Lot 3 into three new lotsMabusth noted that the existing lot of record includes lots 4 and 5. Lots 1 and 2 would be new lots. There were no public comments. Lindquist asked the applicant if he had read Staff recommendations 1 -8 for the subdivision. and 1 -4 for the guest house CUP and is in concurrence with those findings. The applicant said he was noting the need to work out the details regarding #7 (road improvements). Lindquist moved, McMillan seconded, to approve Application 92204 with Staff recommendations #1 -8, whereby #7 pertaining to width would be reviewed with Staff and Engineer, and with Staff recommendations 1 -4 for the guest house CUP. Mabusth reported that the application would be presented to the Council at their January 27 meeting. Vote: Ayes 5, Nays 0. ACTION ITEMS ( 0) #2187 DONALD AND ROBIN HELGAGER, 3265 SIXTH AVENUE NORTH - VARIANCES - CONDITIONAL USE PERMIT - CONTINUATION OF PUBLIC HEARING 8:02 -8:25 P.M. The Applicant was present along with Architect, Neil Heupel. Gaffron reported that the application for a guest apartment was reviewed by the Commission at their November meeting. The applicant was asked to revise the plans to address the concerns brought forward. The street setback was reduced to be consistent with the existing house. The setback was originally proposed at 17' although 50' is required. The setback currently proposed is 24'. The single stall attached garage remains adjacent to the entry to the guest house in the proposed plan. Changes were made to the floor plan to straighten a line where the garage extended. The required setback from Lake Classen is 150' and the proposed is 126'. The east side setback is proposed at 5' and 30' is required. The east side setback had been discussed in an earlier review which did not include the guest house. The average lakeshore setback was reduced from 90' to 80' to provide easterly views for the house. 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 ( #3 - #2187 Donald and Robin Helgager - Continued) Gaffron reported the issues for discussion include whether or not the single stall garage is necessary considering the proximity of the large structure to CoRd 6. He suggested the location of the garage may possibly be reconfigured by pivoting the garage and eliminating the staircase. Gaffron stated that the DNR felt the hardship noted for the setback to the lake was self - created. He asked the Commission to consider whether there are suitable hardships for granting the east side setback variance given the magnitude of the additions to the west. He asked the Commission to consider whether the guest house design will function as a separate entity or part of the principal residence. Gaffron noted that the guest house does clearly share the main entrance to the house. He did question whether the separate garage stall gives the appearance of two separate dwellings rather than that of a single family residence. He also asked if the Commission had specific concerns regarding the lack of an alternate drainfield site. Heupel reported that the design of the house was pulled back on the lot in response to the suggestion by the Commission. McMillan asked if the site was too steep for a mound system as an alternate for the septic. Gaffron said the concern was over disturbed soils as well as the steep topography. McMillan also inquired if the great room exists as shown on the plan. She was informed • that the family room, hall, great room, and kitchen will remain the same. She inquired about landscaping plans. Heupel said the landscaping would be the same as that shown in the original plans. • Lindquist asked if the single stall garage could be eliminated. Heupel said moving the garage would affect the well. McMillan inquired about the well. Gaffron noted that the new plans solve the well location problem. McMillan said she would be in favor of the plan with a detailed landscaping plan included. Smith was not in favor of the garage as located. She asked if the garage is of importance that it be pulled back from the roadway. Hawn asked if the well could be relocated. The applicant said he does not wish to make any further changes to the well. • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 ( 93 - 92187 Donald and Robin Helgager - Continued) Helgager said he understands why guest house requirements prohibit more than one main entrance. He noted that prior to remodeling, it had been difficult to know where the primary entrance to the home was located. Helgager said the location of the single stall garage is to enable the user of the guest house entry to the interior without having to walk through the entire house. Smith suggested moving the garage location from the front of the house so it would not protrude. Heupel brought the Commission's attention to the steep topography of the property. Hawn inquired if the access from CoRd 6 could be moved further west. Gaffron did not believe this would solve the problem. Helgager also said it would increase hardcover. Lindquist reported his problem with the plan had to do with the garage and not location to the lake side. There were no public comments. The applicant was informed that the Planning Commission's objection to the plan was the garage. Helgager asked if it was the additional garage or the garage location to the road. Hawn said she had a problem with both noting that she would prefer less garage area farther from the road. Smith said she was concerned about the design of two distinct living areas. She felt it would encourage the establishment of two residences in the future. Lindquist indicated his concern about the proximity of the garage to the road. Schroeder • was concerned about the future creation of two units and the proximity of the garage to the road. McMillan noted there is limited area to resolve the issues and questioned whether some square footage of living space should be eliminated to accommodate the third garage. She does not wish to see any further encroachment to the lake side and sees the lake as a bigger concern than that of CoRd 6. At the applicant's request, Smith moved, Schroeder seconded, to table Application #2187 to allow the applicant to review the plans. Vote: Ayes 5, Nays 0. ( #4) #2195 GENMAR INDUSTRIES, INC., 1449 SHORELINE DRIVE - COMIVIERCIAL SITE PLANNARIANCES - CONTINUATION OF PUBLIC HEARING 8:25 -9:29 P.M. The Applicant was represented by Mary McConnell and Jeff Melby. The site operator was also present. • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 (#4 - 42195 Genmar Industries - Continued) Gaffron reported that the application had been tabled at the November meeting to allow revisions to be made. He clarified that the existing building has been connected to sewer for the past 10 years and the newly proposed building will be stick built instead of modular design. A lot area and lot depth variance would be required for reconstruction of the building. There is a potential variance for parking stalls, a variance for parking on the opposite side of the street, a lake setback and street variance, and hardcover variance. There is concern over boat storage in the yard and for landscaping. The proposed amenities will include a boat head pump out facility, toilets, stormwater upgrade, and tree replacement. The general intensification of the site also is of concern. Mary McConnell addressed the concerns previously made by the Planning Commission. She reported that the current 4200 s.f building is in need of repair. It is proposed to demolish that building and replace it with a smaller building. The existing permit allows for a 11.1 slip marina with boat storage and maintenance. Their plan is to take 12 slips out of marina rental use for boat storage. McConnell then addressed the concerns over sanitary sewer, type of building, pump out, parking, stormwater, and intensification of use. McConnell informed the Commission that the building plans now call for a cape code style building with a small wood sign. In responding to a question from Smith regarding • building materials, McConnell said the building will have lap siding, shutters, and shrubbery and flowers conducive to that style of building. The interior floor plan of 1152 s.f will include two offices, a lobby /reception area, and inside bathroom. The entrance to the bathroom facilities will be from the lakeward side for boat slip users. Smith inquired about the use of portable toilets. McConnell said they would continue to use the satellites on the other side of the roadway with a 3 -sided enclosure matching the siding of the building. Hawn was informed that the indoor bathroom would be available when the building was closed by the use of keys provided to those slip users. McConnell said a boat head pump out facility, which is not currently provided, will be installed on the lake side with portable discharge to a clean out on the side of the building. The hours of operation will be 9:00 am to 6 :00 pm, Monday thru Saturday, closed on Sundays. The bathroom facilities will also be handicap accessible. McConnell reported that the setbacks for the proposed building are more conforming than the existing building with a 27' improvement to the lake side, 5' improvement to the road, noting the 75% decrease in building size. • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 • (#4 - 42195 Genmar Industries - Continued) Smith asked about the boats on display between the lakeshore and building. McConnell said there would be up to 6 boats on display. It is their intent to convert 12 of the slips for boat display from the current rental use. Smith was informed that there would be some exchange of boats amongst the display area. McConnell did not believe the condition of the grass would be highly affected by the boat display. She informed Hawn that people would not be climbing onto the boats on display. Similar boats will be on the water for customers to test. McConnell reported that the original proposal called for a 3 -stall parking variance. In their calculations, 8 stalls would be required under the ordinance for office use, 3 stalls for employee use, and the remaining for marina use, less 12 slips converted for display use. It is Genmar's belief that the 12 stalls for display use are the same required for the sales office and should not be required for duplication. Lindquist noted that the ordinance does not differentiate for the type of use. McConnell asked for a reasonable interpretation of the ordinance and asked that the duplication not be required. She noted that the 12 slip usage would be restricted as they will only have two employees available which would result in only two stalls being used. Boats will not be allowed to be taken out without an employee or when the office is closed. McConnell showed drawings of the stall locations and ponding for the 3 -stall and 10 -stall variance proposals. The pond would change in its dimensions in the 10 -stall configuration by being located closer to the south end. A few trees would be lost but replaced elsewhere. McConnell reviewed the stormwater basin. The existing accommodations and new standards were reviewed. More tree removal would occur in the 3 -stall configuration. Regrading of the site would occur. Melby noted that there would be drain tiling on the northeast side of the property as well. McConnell questioned whether there would show enough benefit to warrant meeting the current standards. In responding to the intensification of use, McConnell noted the reduction in the size of the building and less activity. She also noted there would be a maximum of 3 employees. The active marina use would be reduced by about 10 %, 12 less slips with limitations to boat sale operations, as well as restricted hours. There will be no winter boat storage, except possibly for employees use. There will be no permanent maintenance facility. Assembly only will occur, such as prop replacement. An on -site manager will be on duty to police the property. McConnell also noted the 77% green space for the lake property and property across the street. The only increase in hardcover will be if the additional 10 parking stalls are required. McConnell said they will do as required to comply with the NURP stormwater requirements. McConnell responded to Exhibit D, a letter from Mr. Oberhauser, noting the facility • would be more in conformance than its current use as far as traffic and hardcover are concerned, the permanent structure, and bathroom facilities. 10 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 (#4 - 92195 Genmar Industries - Continued) McConnell said she saw 4 options - approval with no additional parking or NURP requirements, approval with no additional parking and expansion of the pond, 3 additional parking stalls required and NURP compliance, or 10 stall additional parking and NURP compliance resulting in additional hardcover. Hawn inquired about lighting by the docks. The operator said there are lights on each dock at the current time. Smith inquired if there could be criteria developed which would require additional parking stalls to be required. Gaffron noted this would change the stormwater pond issue as the pond itself would change in its configuration. Gaffron asked what criteria might be used to determine that the parking was not working. Smith cited cars parking on the shoulder of the road as a possible trigger. Lindquist asked if NURP ponding requirements are necessary. Gaffron reported that these requirements, though not in the code, are to be incorporated into new development per the comprehensive plan. The B -2 zoning revisions also reflect the need for pond revisions. McMillan inquired about changes in slip usage. Lindquist noted that the operations are in • accordance with the number of stalls. Lindquist inquired about parking on the east side. McConnell said all parking will occur on the east side noting problems with parking by those not associated with the marina. E Gaffron cited a possible basis where concern would be raised regarding stalls and slips where the new sales use is accommodated. Lindquist noted that the addition of 3 slips is based on 111 stalls. He explained that either 6 or 10 additional are required with 67 for sales function and employees. The addition of 1.0 stalls would accomplish the 78 required. Lindquist said he was in favor of only requiring 3 additional stalls as long as the ponding is adequate due to the decrease in hardcover. Smith questioned whether a change in sales could be a factor for requiring additional stalls in the future. Hawn questioned whether the elimination of sales would take away the stall requirement but Lindquist reiterated that the number of stalls is not reflective of whether they are rental or retail. During public comments, Dana Wells, 1397 Orono Lane, said she views the marina from the lake side. She voiced concern over sight lines questioning the size of the slips and also concern over lighting. She preferred the yellow lighting currently used over white or fluorescent. She also said she was concerned about trees which would act as a buffer around the building. 11 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 (#4 - 92195 Genmar Industries - Continued) Craig Moen, 1387 Orono Lane, noted the cooperation in the past regarding lighting and the elimination of spot lights. He is satisfied with the current lights. He also asked that the signage not be lit at night. Lindquist asked Gaffron to address the issues of dock size and lighting. Gaflron said dock size is under the LMCD jurisdiction. The City requires lighting to be kept within the site, shielded, and directed downward. Wells informed the Commission that if the City made its position known to the LMCD, it could make a difference. McConnell reported that no changes are proposed for the lighting. The sign would only have a downward light to show its location for safety purposes. She said there are no plans to change the dock size or configuration and would notify the residents if any were proposed. Moen noted the different circumstances involved with homes viewing the site from the lake side and asked to be notified of any changes within the bay area. Gaffron said he would notify the Orono Lane residents regarding any future meetings held by the City on the subject but could not speak for the LMCD. . Jabbour asked that the residents be made aware that there is the potential for changes by the LMCD. Gaffron noted that the density level is regulated by the amount of shoreline, and there is potential for more dockage on the site. However, he added that the parking is not adequate to accommodate any more docking from the City standpoint. He noted that the City did not exert any authority over the allowed expansion that occurred 10 years ago. He opined that the site is being used to its capacity. Kelley asked that the issue of tour boats and winter use be addressed. McConnell said the only winter use would be for storage by employees and no tour boats are proposed. Kelley asked that this be in writing as well as a statement regarding snowmobiles. McConnell reported that the negotiations made with the operator are for use of Genmar related boat products only. Gaffron suggested any approval include as a condition of the approval the list of proposed and allowed uses and readdressing of the issue if changes were made in use. McConnell said she would be in favor of that. Smith asked that there be an even replacement of any trees lost on the property. McConnell noted that some of the tree replacement will occur elsewhere on the site as there were limited spaces where the trees will be removed. More trees will be placed by the building for screening purposes. Smith asked that this be presented as part of the landscaping plan. 12 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 (#4 - #2195 Genmar Industries - Continued) Hawn inquired about the boats being on trailers. McConnell noted there would only be room for 18 otherwise. She also reported that it would be unusual for people to try out any of the boats that are displayed on the trailers. Hawn noted the limited ability to view those boats on the trailers. Gaffron inquired if the on -site manager would be on the premises both week end days. McConnell said no. McMillan suggested having parking stickers for use by the rental customers. The operator thought that was a good idea. Schroeder moved, McMillan seconded, to approve Application #2195 with the requirement of 3 additional parking stalls in order to maintain a reduction in hardcover and expansion of the pond to NURP requirements. The use of the facility would not allow any winter boat storage or snowmobile sales. Lighting on the site would remain as existing and slip size is to remain as currently existing. Gaff-on asked if Planning Commission wanted criteria regarding possible parking problems such as references to police departments. Schroeder said he felt that would be • difficult from a practical standpoint. Gaffron asked if the Commission was satisfied with the enclosure of the portable toilets as proposed. Schroeder said he was. Smith asked for criteria regarding parking problems. Lindquist did not agree. Schroeder noted it would also increase hardcover. McConnell clarified that the operation would be allowed to reserve 4 Sundays during the year to be open. Gaffron noted that the Council will receive this application at the January 27 meeting along with the Planning Commission recommendation for denial of the bluff expansion. Hawn asked that the conditions as proposed receive signature prior to Council approval. McConnell said that would be satisfactory. Vote: Ayes 5, Nays 0. ( #5) #2199 RICHARD W. BLOOMQUIST, RICK'S SUPER VALU, 3333 SHORELINE DRIVE - COMMERCIAL SITE PLAN REVIEW AND VARIANCES - PUBLIC HEARING 9:29 -10:13 P.M. • The Affidavit of Publication and Certificate of Mailing were noted. 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 ( #5 - 42199 Rick's Super Vau - Continued) The Applicant was present, along with Gary Kosfeld of Super Valu and Ben Herda, Senior Civil Designer for P1anMark, a Division of Super Valu. Mabusth reported that the proposed addition consists of 6688 s.f at the north and east of the current structure. The B -3 zoning code calls for 60' setback from all setback lines. This proposal would require side street and side yard setback variances. A previous land use application in 1991 involved a new loading dock located 10' from the west side lot line. In that review, a parking stall variance was approved. Mabusth noted that the shoreland regulations did not go into effect until 1992. The property is located within 500' -1000' of Lake Minnetonka and is now subject to hardcover standards. The allowed hardcover is 35% and is proposed at 73 %. The addition would include 1600 s.f of new paving on the east side to allow for more efficient movement of semi- trucks delivering to the east loading dock. Mabusth said the City Engineer has approved the new alignment. The improvements will also require a parking stall variance. The 1991 requirement was 134 stalls and was approved at 108 stalls. The current requirement is 177 stalls with the increase of retail and warehouse facilities. Mabusth noted that the restrictions on that • prevents expansion of structure to north or south. The only available space is either to the east or west. There is a 100' conservation easement to the south and a 30' utility easement • to the north of the structure. Mabusth reported she met with the applicant to discuss questions raised in the Staff memo. She said the store hours will remain from 6:00 a.m. to 11:00 p.m. The deliveries will be limited to 3 semi trucks with daily delivery at the south east loading dock. Three to four 22' length trucks will deliver daily to west loading dock. The delivery trucks will back into the loading docks. Bloomquist informed the Commission that Super Valu uses the west side loading dock on Tuesdays and Wednesdays using the approach from the south (CoRd 19). Mabusth added that the access to the property will be relocated more to the south which would be a great improvement as it will maintain a greater distance from the busy intersection of CoRds 15 and 19. Mabusth noted that the Engineer has recommended some signage limiting parking to either "15 minutes" or "for employees only" for the 4 diagonal parking stalls near the loading area. Bloomquist said these stalls are used primarily in the evening hours. Mabusth informed the Commission that there will be no change to the pylon signage or in lighting. Bloomquist reported that the additional hardcover would assist in improving safety with the change in access. Mabusth added that there are 75 employees at the store with 9 being full time. 14 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 • ( #5 - 42199 Rick's Super Vau - Continued) Mabusth reported that the property will meet the 12% green space required under the B -3 zoning code. An attempt was made to add green space within the parking area but proved too difficult. The business lost 8200 s.f of land in 1987 to the County for road improvement. The pylon sign had to be relocated back onto the property at that time. The applicant has agreed to plant trees along Kelly Avenue and along the bank lot line on the higher elevation. Since the elevation drops sharply northward on the subject property, the trees will be visible from the County roads. A letter from a neighboring resident on Kelly Avenue expressed concern over the proposed addition. Lindquist read the letter into the record which noted opposition to the expansion due to loss of green space and increase in drainage problems. Bloomquist responded that he has worked with a gardener the past several years and the trees on the property are becoming larger and more noticeable. He added that he is replacing hardcover with hardcover in order to expand his inside use and add a pharmacy. Mabusth said the 1991 application asked for excavation of a pond above the 940' elevation within the conservation easement area. The City Engineer reported that the pond is adequate to handle the additional increase of 1600 s.f. of paving. Mabusth said Mrs. Nadler's concern was consistent with calls from several other neighbors who noted problems of flooding during heavy rains. It has been determined that the flooding was most likely caused by a • plugged culvert. Mabusth reported that Staff will investigate that problem. Mabusth noted there was also a concern from the neighbors in having to view a dumpster. Bloomquist reported that it was located inside the loading dock area and loaded through a chute. He reported there are trees 5 -6 high to camouflage the dumpster. There previously had been an open dumpster located on the other side of the building. Bloomquist added that he assigns employees to clean up trash found around the property. Lindquist informed Bloomquist of the recent discussions regarding the beautification of the Navarre area asking for his assistance. Bloomquist noted that the outside decor will be a pre -cast split block. The signs are located high on the building and are well lit. The canopy will also be repainted. • 15 • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 ( #5 - 42199 Rick's Super Vau Continued) Smith inquired if the applicant intended to have a drive thru window for the bank. Bloomquist said he did have tentative plans to include a drive up teller. The ATM machine would be located inside the building. McMillan voiced concern with cars driving up to such a facility at the front of the building. Bloomquist said he had discussed the option of using the east side of the building but found it unsatisfactory. He noted he has not secured a bank tenant but has heard requests from customers for banking facilities. He said the drive thru window was not a necessity. The banking facilities themselves are questionable, though a pharmacy is a priority. The Commissioners informed him that they would prefer the teller be located inside the store only and would not look favorably upon a drive thru window. The limitations of the grocery pick -up area were noted as well as location near the customer entrance. Bloomquist agreed with their assessment noting it would add two parking stalls if the drive thru window was eliminated. Smith asked if the applicant had a master plan for the site noting the site limitations. Bloomquist informed her that he had felt the last upgrade would be the extent of his improvements but with the loss of a neighboring pharmacy and another grocery store in the area, he felt pressured to expand. He did feel this improvement would be the last improvement that the site could accommodate. Lindquist informed him that if approval was granted, he too felt the property was maximized in its use. Smith noted that the Commission has placed limitations on properties and would probably recommend a notation in any resolution that the property had reached its maximum capacity for improvement. There were no public comments. Schroeder inquired about the pond. Mabusth said the pond was functioning and deemed adequate to handle the additional hardcover improvement. McMillan in noting the limited green space, asked that more vertical plantings be considered to break up the sight lines to the east. Schroeder moved, Hawn seconded, to approve Application #2199 with the conditions that a landscaping plan be presented to Staffs satisfaction with additional vertical green to the east and west and no drive thru teller. All banking services are to be located within the building. Smith clarified that there will be no change in store hours. 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 ( 95 - 42199 Ricks Super Vau Continued) Mabusth reviewed the green space issues. The detention pond will be reviewed by Staff. The exterior look of the building was discussed. Schroeder said he felt it was difficult to ask for a certain look. McMillan questioned who would make the decision on what the building would look like. Smith asked that some criteria be given. Bloomquist said he understood the need to make visual or cosmetic changes. Schroeder added to the motion that there would be a fruitful discussion between Staff and Applicant regarding the building exterior. Vote: Ayes 5, Nays 0. (Hawn left the meeting at this time.) ( #b) #2200 MR AND MRS. WILLIAM ELLIS, 2435 NORTH SHORE DRIVE - VARIANCES - PUBLIC HEARING 10:13 -10:18 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The applicant was represented by Robert Hare. The applicant has a contract to purchase the property in order to construct a new residence within the approximate footprint of the existing residence. The lot is non- conforming by the standards of the 2 -acre zoning but was platted prior to those zoning regulations. The proposed construction would require variances to lot area, lot width, side setback, and hardcover. The same setbacks are proposed as exist today at 16.2' and 13.5'. The hardcover exists at 36.6% and is proposed at 36.5% within the 250 -500' setback. There is no structure within the 75 -259 setback. Mabusth noted that the lot width and lot area variances are a renewal from a December 1995 approval of a replat. There were no public comments. Schroeder moved, Lindquist seconded, to approve the construction of a new residence limited to the existing parameters. Vote: Ayes 4, Nays 0. ( #7) #2202 HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS, COUNTY ROAD 15 IMPROVEMENT COMMENCING AT ORONO ORCHARD ROAD INTERSECTION EAST TO CITY LINE - CONDITIONAL USE PERMIT AND VARIANCES - PUBLIC HEARING 10:18 -10:52 P.M. The Affidavit of Publication and Certificate of Mailing were noted. 0 The Applicant was present. 17 C7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 ( 97 - 42202 County Road 15 Improvement - Continued) Gaffron reported that the request by Hennepin County's Department of Transportation is for a variance to fill wetlands and for a conditional use permit for filling in excess of 100 cubic yards. This project is in conjunction with the expansion and safety improvements to County Road 15 from Orono Orchard Road in Orono to Hillside Drive in Wayzata. The wetlands received City wetland designation in the 1974 inventory. An updated inventory is now under way. The wetlands affected are located between the railroad tracks and CoRd 15 on the west side as well as several smaller areas. The roadway will be moved 10 -12' north from the existing road bed to avoid impact to the Ferndale Marsh area. Gaffron referred to the impact maps of Exhibit K. The 2.3 acres of wetlands to be impacted are under the City jurisdiction as well as the DNR and MCWD. The County has made application for permit from the Corp of Engineers. The 1.2 acres under the DNR's jurisdiction is awaiting completion of the environmental assessment worksheet process. According to Ceil Strauss of the DNR, the mitigated site is along CoRd 6 in Independence. The 1.1 acres of wetlands under the Conservation Act has been reviewed by the MCWD, who has issued a permit. They have determined that there is no place in the project area for mitigation and has accepted a $38,000 contribution for a ponding area in Excelsior, which is in the same sub - watershed. The 12 acres of flood impact overlaps the wetland impact. The City Council approved • the "Ferndale Cutoff' for use by the County for the road improvement to mitigate its impact. Gaffron said he is of the opinion the other agencies will approve the wetland filling as the MCWD has already done. It is up to the City of Orono at this time to determine whether it is in favor of filling the 2.3 acres to accomplish the safety enhancement and improvements of County Road 15. He noted the last project to receive such an extensive wetland alteration approval was McCulley Road in 1980. C� Staff recommends approval of the County's provisions for erosion control and construction plan. The City Engineer has not specifically reviewed the plan as of yet. The layout was approved by the Council in December, 1996. Gaffron reported that the Staff is recommending approval with a number of questions to be considered: Should the City grant what is a substantial wetland filling variance for this project based on the public need for the project, and does the public interest served distinguish this project from similar private projects which might propose significant wetland filling? Should City approval be conditioned on applicants obtaining all the necessary permits from the other regulatory bodies? Gaffron remarked that yes, that condition should be made. 18 • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 ( #7 - #2202 County Road 15 Improvement - Continued) Should the City accept the concept of mitigating impacts to Orono wetland via wetlandlstormwater projects in other cities or in other subwatersheds? How does the Planning Commission feel about payments for future off -site mitigation in lieu of concurrent on -site mitigation? Does the Planning Commission feel more information about the functions and values of these wetlands should be provided before a final decision is made on this project? Would the Commission prefer to review the EAW before reaching a conclusion? Gaffron noted the City has not required mitigation in the past as it is a relatively new law. He did note that other agencies are allowing mitigation. He questioned whether the City should approve the project before the EAW process is complete. Gaffron reported that Staff supports the application as it sees the need for the update of CoRd 15 and conceptually recommends approval and asks the Commission to consider the issues presented. Lindquist asked Bruce Polaczyk if as County representative, he had any comments to make. Polaczyk referred to Joel Settles, wetland expert for the County. Settles reported that all impacts from the project will be replaced above a 1:1 ratio within the same sub watershed, though not necessarily in Orono. He noted mitigation will occur in Painters Creek in Independence and in Excelsior. Schroeder was informed that the decision where the mitigation would occur came about from the State Statutes which allows for replacement within the County, preferably within the same watershed but requiring local approval. Schroeder voiced concern with approval of additional pavement when the City has strived to reduce any hardcover which would impact the lake. He noted that approval of this application greatly outweighs the mass of single hardcover applications for such improvements as decks and driveways on lake shore properties. Gaffron noted that Settles had met with the City years ago to discuss much of the same issues as Schroeder is bringing up. Smith asked why the sites in Independence and Excelsior were decided upon. Settles noted that the sites are in the same watershed and payment is allowed in lieu of on -site mitigation. If there is no room for mitigation, contribution for creation of a pool is allowed which would allow the most treatment for the contribution made. He noted that Excelsior is the only city with an agreement for regional ponding. Orono has not come to a written agreement as of yet. 19 • MINUTES OF THE ORONO PLANNING COMMISSION iiAi v71rI �G f1iELL Oi�i �u�vjiiRiT 2i, iOi? ( #7 - #2202 County Road 15 Improvement - Continued) Smith asked what impact the filling of wetlands would have on the wild life in the area. Settles said the reports indicate there will be no impact noting the land is only a long, narrow strip. Smith inquired if there would be any detours or rerouting of traffic. She was informed that the construction would be staged such as half the road would be built at a time allowing for on -going two -lane traffic by use of one lane and the shoulder. McMillan questioned the surcharging. Guy Knowlan said the surcharging will make use of a select granular sand, which over an approximate 6 month period of time will compress the air and water out of the material to allow Class 6 and bituminous to be laid over it. The north side would be affected 1.2 meters and driveways will be left lower to accommodate the surcharging. There were no public comments. Gaffron informed Lindquist that the Council is considering a ponding agreement but does not wish to delay the project. Polaczyk noted the construction cooperative agreement between Hennepin County and Orono states such language listing the responsibilities • regarding maintenance and funding participation between the County and City. He explained the costs regarding right -of -way and construction as well as the City contribution of the Ferndale Cutoff for mitigation. • Schroeder moved, Lindquist seconded, to recommend approval of the CUP and variances for alteration of existing wetlands in conjunction with the reconstruction of County Road 15 from Orono Orchard Road to the eastern border of the City with the recommendation that the Council pursue alternate mitigation sites. Vote: Ayes 4, Nays 0. SKETCH PLAN /CONCEPTUAL REVIEWS ( #S) #2203 TED WOLF, 900 WILLOW DRIVE - SKETCH PLAN REVIEW FOR PROPOSED CLASS III SUBDIVISION The applicant was represented by Mark Gronberg and Mike Hilbelink. 20 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 • ( 98 - 92203 Ted Wolf - Continued) Mabusth reported that the applicant proposes a three lot subdivision of the 8.3 acre property located in the RR -IB Zoning District. The property is subject to the Shoreland Regulations as it is located within 1000 feet of Dickey Lake, an natural environmental lake. Structures and septic drainfields are not allowed within 150' of OHWL at 985.5'. The existing residence within the property currently has access off of Willow Drive. Outlot B of the Shadowoods plat to the immediate north was created to provide a future loop road to Willow Drive. The applicant proposes a single driveway is proposed to be installed within the Shadowoods outlot to eliminate impact on vegetation. The subdivision, Shadowood Farms, is served by a cul -de -sac road 1300 ft in length. This driveway would increase that access from the 1300 ft. to 1600 ft. The code would allow a 1000' length. It was the City's plan to plat and install a future loop road. Mabusth reported that the dry buildable has not yet been determined and will be a factor in whether there is a two or three lot division. Mark Gronberg indicated a wetland delineation occurred about six weeks ago using aerial and field checks. Mabusth noted that the wetland consists of 2 types, PA and glencoe, adding that the soils of the glencoe need to be determined. Gronberg will get the results of the testing to Mabusth. McMillan noted for the Planning Commission that winter testing is not guaranteed and will require further confirmation. • If a 3 -lot subdivision were to occur, Staff must ask for a future corridor connectin g Cox Farm Road with private road in subdivision. If a 2 -lot subdivision is proposed, the City may not ask for a platted extension at this time. Mabusth noted that a letter signed by the Sanford's, 945 Cox Farm Road, along with 10 other property owners of Shadowood, asked for elimination of Outlot B extension road. Lindquist read the letter into the record voicing concern over access from Outlot B. The residents feel two lots are not an extensive development and the City's right to outlot B does not exist citing safety and environmental impact with the number of maple trees existing in Outlot B. The residents voiced concern over impact to the wetlands and Dickey Lake and prefer an access from the subject property. Gronberg noted the possibility of a loop road. He did not feel they would have to use the driveway and do not wish to connect all the way through for the two lots. He asked for consideration of the 30' outlot for two lots from Willow Drive with Lot 1 using the existing access. Lindquist asked if two curb cuts were possible. Gronberg said there were no sight line problems. Mabusth said this would require input from Greg Gappa, the Director of Public Services. It was noted that the Ringerswood plat does not have a connecting corridor to • north lot line or subject property. 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 • ( 98 - #2203 Ted Wolf - Continued) Schroeder asked if the reason for a loop road was for safety purposes. Mabusth said the concern was for safety and this pattern for development is recorded in the Comprehensive Plan. Schroeder asked if the outlot could be developed with a temporary cul -de -sac. Hilbelink said the applicant prefers the way the property access is currently laid out and does not propose to extend the cul -de -sac. Schroeder asked if an outlot could serve as a driveway. Mabusth said a 3 -lot plat would require a private road. Mabusth questioned the loop drive that serves proposed Lot 1 and the requirement to maintain its use. Lindquist said ideally he would see all access off of the future road outlot. McMillan noted the difficulty of installing the connecting road outlots once development takes place. The roads should be installed prior to development or placed closer to the boundary of the developed site. Mabusth informed Schroeder that there were no standards for driveways. She informed him the access serving three units would have to be a private road. Lindquist noted the 50' outlot would still be platted. Schroeder questioned whether there was enough land. Gronberg said there was 3.05 acres to the wetland area. He noted there would be a need for an "S" shape to hook up to the outlot. It was felt there would be adequate land. • During public comments, Matthew Sanford, 945 Cox Farm Road, informed the Commission that the property owners of Shadowood were unanimously opposed to the use of Outlot B. He noted that one reason for the purchase of his property was because of the stunning maples located there. Schroeder informed him that it was not the intent of the Commission to have to cut down those trees. The Commission discussed the options for access. McMillan noted the need to have the additional information regarding the wetland on Lot 3 in solving access from Willow Drive. Mabusth advised that the final resolution of the access issue is dependent on the number of residential units. Lindquist noted the need for assurance that there is enough dry buildable land for three lots. Applicant's representatives were informed that if there was a 3 -lot subdivision, the 50' outlot must be a private road designed to connect with Outlot B of Shadowoods. The private road could be constructed with a temporary cul -de- sac. Mabusth inquired about septic testing. Gronberg informed her that the testing has been completed and all three lots have acceptable sites for septic systems. Schroeder said he would be inclined to plat a road outlot with a 30' corridor with a driveway. Concern was voiced that it would be difficult in the future to divide if the outlot was not platted at 50'. A suggestion was made for a driveway installed within • Outlot B that was specifically created as a connection corridor. Sanford asked that Outlot B be stipulated that no driveway would be constructed off of it. His concerns were noted. 22 • • C� MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 PLANNING COMMISSION COMMENTS ( #9) REPORT BY PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS OF NOVEMBER 25, 1996 AND DECEMBER 9, 1996 The Commissioners had no additional comments. ( #10) OTHER ISSUES FOR DISCUSSION No other issues were discussed. ADDITIONAL ITEMS ( #11) PLANNING COMMISSION APPROVAL OF MINUTES OF THE NOVEMBER 18, 1996 MEETING Lih McMillan's name was added to the roll call of the minutes. McMillan moved, Lindquist seconded, to approve the Minutes of the Planning Commission Meeting of November 18, 1996. Vote: Ayes 4, Nays 0. ( #12) PLANNING COMMISSION TO SELECT REPRESENTATIVES TO ATTEND THE COUNCIL MEETINGS OF JANUARY 27, 1997 AND FEBRUARY 10,1997 Schroeder will attend the January 27 Council Meeting. McMillan will attend the February 10 Council Meeting. ADJOURNMENT Smith moved, Lindquist seconded, to adjourn at 11:32 p.m. Vote: Ayes 4, Nays 0. Dale Lindauist 23 C