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HomeMy WebLinkAbout02-18-1997 Planning Commission MinutesORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 18, 1997 • ROLL The Orono Planning Commission met on the above date with the following members present: Chair Dale Lindquist, Charles Schroeder, Sandra Smith, Elizabeth Hawn, William Stoddard, and Lili McMillan. Janice Berg was absent. The following represented the City Staff: Assistant Zoning and Planning Administrator Michael Gaffron, City Planner Elizabeth Van Zomeren, Public Services Director Greg Gappa, and Recorder Sherry Frost. Mayor Jabbour and Council Member Goetten were present. Chair Lindquist called the meeting to order at 7:00 p.m. ACTION ITEMS ( #3) #2187 DONALD AND ROBIN HELGAGER, 3265 SIXTH AVENUE NORTH - VARIANCES /CONDITIONAL USE PERMIT - CONTINUATION OF PUBLIC HEARING 7:42 -7:14 P.M. The Applicant was represented by Neil Heupel. Gaffron reported that the application had been tabled at the January meeting at the request of the applicant. The applicant has made no changes and is asking for action by the Planning Commission in order to move the application on to the Council. Gaffron • reviewed the original and revised application plans previously presented. The structure was originally 1 T from CoRd 6 and increased to 24. The variances required include street setback, 150' Lakeshore setback, and an average lakeshore setback, though the encroachment has been reduced_ A conditional use permit is required for the guesthouse use. Smith asked the representative why the applicant has asked to move forward with the application knowing the opinions of the Planning Commissioners. Heupel said the applicant feels the best plan has been presented and does not care to spend any additional money to revise the plans given the conditions and setbacks. Heupel stated the plan created the single entry required under the CUP for guesthouse use. He said they would be willing to screen the house from the roadway with landscape plantings as suggested previously by McMillan. Heupel noted the plan also meets the requirements for the CUP regarding a separate kitchen and use of same well and septic for the entire residence. He reiterated the desire for the applicant and guest to have separate garage spaces. Smith noted while the entry into the residence is the same, it does not directly enter the family room as stated but is separated by doorways. Hawn said she would prefer a design with the three garage stalls together. • There were no public comments. • • 1�1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 18, 1997 ( #3 - #2187 Donald and Robin Helgager - Continued) Schroeder inquired what the relevance was of including a list of other guesthouse uses in the City. Gaffron said the applicant requested the list to see what has been constructed in this area. Schroeder asked if there were different situations involved. Gaffron said the setback variance is unusual as well as the separation of the garages. Gaffron said a residence with guesthouse use with both attached garage and detached garage is requested one or two times a year. Smith moved, Hawn seconded, to deny Application #2187. Smith listed the setback variances as the reasoning behind her motion. Lindquist noted the garage so near the roadway as being a problem. McMillan felt while the current residence is a reasonable use of the property, doubling the size of the residence was a self - created hardship and not unique to the property. McMillan also said the variance would not be in keeping with the essential character of the locality. Vote: Ayes 6, Nays 0. (The meeting was recessed for one minute.) SCHEDULED PUBLIC HEARINGSIPUBLIC INFORMATION REVIEWS ( #1) 7:15 P.M. - #2211 ZONING AMENDMENT, CHAPTER 10, LAND USE REGULATIONS (ZONING), MUNICIPAL CODE OF ORDINANCES, TO DELETE "ANTENNA STRUCTURE" AS A CONDITIONAL USE IN THE B1, B3, AND I DISTRICTS - PUBLIC HEARING 7 :15 -7 :33 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Van Zomeren reported that the application is for a zoning amendment to the ordinance under which a moratorium was adopted in August, 1996, regarding telecommunication towers. The moratorium was extended in December, 1996, and is due to expire on March 24, 1997. Staff expects to present the amendment change to the Council at their March 10 meeting. The change involves deleting the terminology allowing antenna structures in the B -1, B -3, and I Zoning Districts. If the telecommunications policy is approved, no antenna structures can be requested in those zoning districts. Denial of the amendment would allow such requests to be made. Smith asked the reasoning behind the amendment. Van Zomeren said the concerns involved aesthetics, setback requirements, and the rapid change in technology. Staff is recommending co- locating antennas on water towers if needed. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 18, 1997 0 ( #Z - #2211 - Zoning Amendment - Continued) McMillan asked if the elimination of such structures might diminish the PCS service available to the Orono area. Van Zomeren said she did not believe this would happen. She noted that Moorse has conducted the review and would be more knowledgeable on the issues involved, and it was his opinion that the current antennas are sufficient in surrounding communities to also serve Orono. Stoddard asked if there have been any requests for antenna towers. Van Zomeren said the only inquiry was for client tracking. Schroeder asked who generated the amendment. Van Zomeren said the City is recommending the ordinance amendment. She noted that Staff is developing a policy to require any fixture antennas to locate op public water towers. There were no public comments. Hawn was concerned about recprgfpepdip$ the amegdment without hearing information from the telecommunications it qugry as well as ggyernmental bodies prohibiting antenna structures. . Van Zorrieren i}ifortneq �ghrpe4er that any application made at this time would require a waiver to the moratoripm oA4 jirdship presented. She said the industry was not notified abq� j t�e am Wmept outside of the regular channels of newspaper notification which is appfopriate. She s4Wested a mailing occur to solicit the industry's comments regarding the proposed telecommunications policy. Hawn indicated the CUP process allows for protection. McMillan said the telecommunications act made it more difficult for cities to regulate the use of antenna structures by the PCS companies. She felt it is reasonable for the City to be proactive. Lindquist concurred with McMillan. He said he was in favor of the amendment and recommends the regulation regarding antenna locations within the City. Hawn said her problem was with the process itself. She agreed that she does not wish to destroy the aesthetics of the City. Lindquist said the telecommunication industry is well aware of changes being considered in cities and feel they are on notice. • McMillan requested more information on the pros and cons of the issue. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 18, 1997 0 ( #1 - #2211 Zoning Amendment - Continued) Van Zomeren said when the policy comes back to the March meeting, there may be language guiding the location of antennas within the City. Council Member Goetten said the Council has many of the same concerns expressed and felt the need for more information. She indicated an applicant is not prohibited from making an application for an antenna, but it is the wish of the Council that they are not located all throughout the City. The schedule regarding the moratorium and amendment was discussed. The moratorium could be extended. Van Zomeren also indicated a land use moratorium under State law could run as long as 30 months, but that is too prohibitive for this issue. Lindquist moved, Schroeder seconded, to recommend approval of Ordinance No. , 2nd Series. Vote: Ayes 5, Nays 1, Hawn. McMillan noted the motion was allowing for the start of the process. ACTION ITEM ( #5) #2206 ELAINE AND STEVE SILUS, 3235 CASCO CIRCLE - VARIANCE - • PUBLIC HEARING 7:35 -7:52 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicants were present. Van Zomeren reported the application is a request for variances to hardcover, Lakeshore setback, and structural coverage for a Lakeshore residence in the LR -1C Zoning District requiring 1/2 acres. The structural coverage variance is a 0.28% increase over the 15% allowable. The lot width requirement is 100'. The property in question is 55' wide. The applicant proposes to remove the existing structure and replace with a new structure. A new deck would be located 8' in front of the average Lakeshore setback. The proposal would result in a 123 s.f increase of hardcover in the 75 -250' setback and a 221 s.f reduction in the 250 -500' setback. The structure would be located beyond the average Lakeshore setback line of the two adjoining properties. Van Zomeren indicated the issues include the narrow lot, which is consistent with the neighboring properties, a reduction in hardcover, increase in structural coverage, and an attempt to prohibit any negative impact to a Hackberry tree located on the property. is MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 18, 1997 ( #5 #2205 Elaine and Steve Silus - Continued) Steve Silus said they wished to maintain a one -story residence with basement in order to keep the height of the structure low and present an aesthetically pleasing structure. They also are attempting to save the hackberry tree. He noted the proposed deck does not extend any further forward towards the lake than the existing house. The proposed house would be farther back on the property. Silus said the garage by the street will be removed and the driveway will become more centered. He informed Stoddard that the deck will be cantilevered and have a railing. Hawn expressed concern about whether the tree could be saved. She suggested a tree expert review the plan. It was noted that there is presently no basement under the structure. If the tree cannot be saved, Hawn would like to see the structure moved back further on the lot. Hawn informed the applicant of the series of requests being made in the area by owners of substandard lots. The ordinances require that new construction meet the zoning requirements. Hawn is concerned with the proposed overage in structural coverage. Silus said their only other alternative is to build a two -story house, and they would prefer not to do so. • Smith said she agreeds with Hawn but sees the proposal as an improvement to the property. She requested that no additional improvements be allowed in the future. Hawn said she was concerned with setting a precedent. Schroeder asked the applicant if the structure would be reduced to maintain the 15% allowable in structural coverage. Silus said it was not feasible. He indicated that they attempted to reduce the hardcover and reviewed the structure with an architect. McMillan noted that while there is some improvement in hardcover, there is additional hardcover in the 75 -250' setback and an increase in structural coverage. She felt the proposal did not present a major improvement to the property but was more neutral in its changes from the existing structure. There were no public comments. McMillan asked if the proposal was reviewed with the neighbors. Silus said he discussed the plans with his neighbors. Van Zomeren said she was in receipt of acknowledgment letters from the neighbors. Schroeder asked if the 3 -car garage and driveway could be reduced. Silus felt the plan was proportionate. • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 18, 1997 ( #5 - #2206 Elaine and Steve Silus - Continued) Hawn moved, Stoddard seconded, to recommend approval of the requested variances with the additional finding that the structural coverage is excessive and no more improvements should be allowed in the future. Vote: Ayes 5, Nays 1, Schroeder. Schroeder indicated while appreciating the reduction in hardcover, the structural coverage should be maintained at 15 %. ( #6) #2207 JONATHAN AND THERESA HOFER, 3339 CRYSTAL BAY ROAD - VARIANCES - PUBLIC HEARING 7:53 -8:05 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Van Zomeren reported that the applicant is requesting variances to Lakeshore setback, hardcover, and average lakeshore setback for the construction of an additional of a great room above the garage. The residence is located in the LR -1 C Zoning District which requires 1/2 acres and is sewered. The subject property is 6,500 s.f in size or 29% of the minimum lot size. Since there is no dedicated right -of -way but a prescriptive easement only, Van Zomeren said a street setback variance is generally not required. Hillside Place, • a 25' utility easement, is located to the west of the property and cannot be built upon. The house located east of the subject property is located on the property line as well as on Dakota Rail easement. The proposed addition will not extend beyond the existing foundation. The existing structure is located 45' from the lakeshore. The garage is located forward of the average lakeshore setback. Hardcover in the 75 -250' setback exists at 43.271/o which includes the roadway and garage. A 22.67% variance is requested in the 75 -250' setback. The structure is located 15' in front of the lakeshore setback. Van Zomeren noted the hardships to include the lot size, the proximity of the structure to the lake, the Dakota Rail and Hillside Place easements, and the substantial portion of blacktopping for Crystal Bay Road. Van Zomeren reported that Staff recommends approval noting there is no other alternative without incurring additional variances. Mrs. Hofer indicated they have not resided in the residence and have just purchased the property. It is their intent to make the necessary improvements and add some additional living space over the garage. The deck was eliminated from the plan. Smith inquired if they purchased the property with the intent of adding onto the residence. Mr. Hofer said their intention was to improve the property. They were not aware of the need for any variances as they did not intend to build outside of the footprint. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 18, 1997 0 (#6 _ #2207 Jonathan and Theresa Hofer - Continued) Smith asked if they had considered building out to the side of the property instead of upwards in order to create a less massive appearance. Hofer said there were three old and large oak trees on the side which they would like to preserve. He also did not desire to add to hardcover. He felt an additional story would make the structure too tall. He noted the addition does not block any views to the lake. The 340 s.f of additional living space would allow the applicants to divide the current living room into two small bedrooms. McMillan inquired about the condition of the garage foundation. Hofer said it was solid. During public comments, James Ogland, 3345 Crystal Bay Road, said he had no problem with the plans of the applicant. It was his opinion that these plans would enhance the property and would not block the lake views. He also noted that the house to the east of the subject property was no longer on Dakota Rail property. Ogland said the property owner had purchased the additional 25' from Dakota Rail. Hofer informed the Commission that it was his intent to make exterior repairs. The front and side of the residence would be white stucco and the remainder a maintenance -free siding. The roof would be upgraded to shingles. The work will be performed by a contractor. • McMillan moved., Schroeder seconded, to recommend approval of Application #2207. Pp pp Smith asked the exterior repairs be a condition of the approval. Vote: Ayes 5, Nays 0. ( #8) #2210 KENT E. SWANSON, 3229 B CASCO CIRCLE, VARIANCES - PUBLIC HEARING 8:05 -8:11 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicants were present. Van Zomeren reported that the subject property is located within the LRl -C Single Family Lakeshore Residential Zoning District, which requires 1/2 acre minimum lot size and is sewered. Structural coverage is not an issue as there is less than the 15% allowable. A Lakeshore setback variance is required due to the peninsula -shape of the lot. The existing structure is located 15 -17' in front of the average lakeshore setback. The deck does not extend beyond the screened porch. The structure is 50' forward of the lakeshore setback. The application is an amendment to a previously approved variance request to allow for an existing l'x7' deck off the master bedroom on the third level to be extended to 5'x7'. The 4' extension would add 28 s.f but with the walkway and deck, it would result in only 14 s.f of additional hardcover or 2.72% increase. • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 18, 1997 •( #8 - #2210 Kent E. Swanson - Continued) Susan Swanson informed the Commission that the hardcover would be less than what was stated as the walkway is being removed. The second level deck is also being removed. The approval of the amendment application would result in less structure and hardcover than what was approved in 1996. It was noted that the property also provides access for the adjoining properties. The applicants have decided to expand internally instead of building outward. Swanson said the small balcony is too small for any use, and the change in size would allow them to walk out onto the deck and make it useful. Swanson noted that the Shoreland Ordinance was not in effect when the residence was built. The house met what was then the 50' lakeshore setback. There were no public comments. Stoddard moved, Smith seconded, to approve Application 92210. Vote: Ayes 6, Nays 0. SCHEDULED PUBLIC HEARINGS/P'UBLIC INFORMATION REVIEWS ( #2) 8:15 P.M. - SAGA HILL ACCESS - PUBLIC INFORMATION REVIEW - 8:15 -8:54 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Gaffron reported that the review of the Saga Hill access did not require any action and was a public information meeting similar to that held at the Park Commission Meeting two weeks earlier. Gaffron reviewed the properties involved in the Saga Hill area noting a proposed lot line rearrangement on the north side, which is on hold until the issues of access have been resolved. Undeveloped Garden Lane winds north to Highview and was originally intended to serve 20 -30 lots. The City acquired the 21 acres of park land in the area for open space which has resulted in different needs regarding access. The beginning portion of Garden Lane has a gravel base and then becomes what could be considered a "cow path ". The properties on Saga Hill are in the one acre zoning and meet the lot standards. The specific lots needing access are identified on the maps as 1 thru 6. Lots I and 2 on the south end could be served by a cul -de -sac. For Lot 3 and the park land to be served by Garden Lane would require the roadway dividing the open space_ Gaffron asked the Commission to consider whether this option would be appropriate. The owner of Lot 3 prefers the use of Garden Lane for access. The owner had received a variance in the past to build on the property without sewering. Lots 4 and 5 are currently the subject of a proposed lot line rearrangement. Gaffron noted the City can vacate and relocate the public right -of -way but • not in a way that would eliminate access to lots. • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 18, 1997 ( #2 - Saga Hill Access - Continued) Gaffron reviewed alternate access routes. An access from Wildhurst would require a driveway coming up a steep hill to the west to Highview. The City Engineer has indicated this alternate is not preferred. The County has said there would be no acceptable location along Co. Rd. 1.9 at which an access could enter from the west to serve Lots 4, 5, and 6. Also, that would affect the lots on North Shore Drive negatively. There is some platted right -of -way from the north. A back lot configuration was created along with some dedications of road from 50' width to 25' width. The problem with this alternate is in serving Lots 4 and 5. County Road 151 would have to be lowered as it lacks the required site distance to the east. Gaffron indicated that there appears to be no good alternate for access other than from the south, possibly via a relocated Garden Lane. He noted the possibility of trading parcels from the park land with the Hennessey parcel, which is Lot 3, but it could be an expensive proposition. Another option would be to build a short roadway using Garden Lane from the south and another from the north. Garden Lane could be extended northward and then jog to the west as the tax forfeit parcel does not have limitations placed on its use. This would allow for a driveway up to Lots 4, 5, and 6. Gafiron asked the Commission to consider whether any of the alternates are viable options, whether Garden Lane should be developed, and if the ravine should be avoided. He noted the Park Commission has discussed the issues as well. Lindquist opened the discussion for public comment. Jeanne Rostad, 4650 Tonkaview Lane, said she lives next to Lot 1, which she also owns. She is a 14 year resident of the area. Rostad said she would like to see access by various roads without impacting the open space in the middle any more than is necessary. She felt Lots 1 and 2 could be accessed by a private drive and another private drive for Lots 4, 5, and 6. Gaffron informed her that the code would require a private road for the three lots and the standards would be difficult to meet as well as expensive. Rostad indicated there was a steep slope to the east. She felt the ravine should be left alone. Milt Krelitz, represented Mr. Soskin, owner of Lot 3, which is a 7 acre parcel adjacent to Garden Lane. Krelitz said Soskin purchased the property with the understanding that Garden Lane was a dedicated road and could be developed. He noted it would be difficult to make use of the land without Garden Lane being developed. He indicated Garden Lane could be used by Lots 1 and 2 as well as other adjoining lots. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 18, 1997 0 - - ( #2 Saga. Hill Access Continued) Kathryn Kasprick indicated she lives on the other side of Forest Lake from Saga Hill. She questioned whether the Commissions were keeping in mind the limitations placed on the park land property by the DNR during its acquisition. She asked the Commission to review the document. Lindquist informed her that the Commission is aware of the restrictions. Gaffron indicated that the restrictions do not cover the right -of -way. The restrictions cannot stop the roadway from being constructed. Garden Lane was not part of the park land. Jim Steffenson, 4665 West Branch Road, said his property is located to the north of Lot 5. He reported his concerns to be access from West Branch Road, noting the County's concern with the inability to see cars to the east, the grade changes, the major runoff draining into Forest Lake, and additional hardcover on Lots 4 and 5 affecting drainage if they were to be developed. Irene Silber, who lives on West Branch Road to the east of the Steffenson property, reported a person having been killed on West Branch Road. She indicated there is also running water on the road and is concerned with the steep slopes. Richard Krier of RLK Associates, representing Dr. Webb, owner of Lots 2, 4, and 5, indicated the option of the City or preservation groups purchasing the Webb property, which is for sale. Patty Affeldt, reported she lives near the intersection of Tonkaview Lane and County Road 19. She reported Tonkaview Lane as being very busy. She was concerned with the steep hill on Tonkaview if an intersection was built with Garden Lane. She found it difficult to imagine more homes accessing from that roadway. McMillan noted the dynamics of the area have changed with the acquisition of the park land. This has resulted in difficulties, which she feels calls for a comprehensive and creative review. McMillan asked the Staff to further review the issues and inform the Planning Commission and Saga Hill residents of the facts regarding zoning, sewering, and park access. McMillan would like to see these issues grouped together and reviewed as a whole. She noted the acquisition of the park land has been a mixed blessing. Stoddard asked if the City Engineer has reviewed the access issue. Gaffron said the Engineer has only reviewed access from Wildhurst. Gappa said he feels the options have been reviewed and the area looked at as a whole. He indicated the options are detailed. At this time, Staff is seeking guidance and direction from the Planning Commission; and the Commission should attempt to come to a conclusion. • 10 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 18, 1997 • ( #2 - Saga Hill Access - Continued) Lindquist indicated that none of the options are soundly acceptable. McMillan asked Gaffron to explain the zoning and sewer availability. Gaffron indicated the homes along Wildhurst and Tonkaview are served by sewer. If sewer were to be installed, it would come up from Garden Lane or from Wildhurst. He noted Lots 4 and 5 were within the MUSA. To the east of the lots, the property is outside of the MUSA, as is Lot 6. The topography of the area is not conducive to being served by septic systems. The property within the MUSA is in the 1 acre single family zoning district, and the remaining property outside the MUSA is in the 2 acre residential zoning. Gaffron indicated that the lot line rearrangement being considered for Lots 4 and 5 calls for septic. McMillan asked who would pay for the sewer for Lots 4 and 5 if it were to occur. Gaffron indicated that the benefiting properties would pay for the sewering as is the case with roadways. McMillan questioned whether Lots 4 and 5 should be in the 2 -acre zoning. Gaffron said if the choice was made not to be sewered and have mound systems, the City would probably allow that to occur, but noted the access issue must be resolved first. He indicated the lot line rearrangement for Lots 4 and 5 was tabled pending access issue resolution, which is • directly related to the park access issue. Lindquist said he would prefer to have more information from the experts and would like Staff to reconsider the issues and have the Engineer review them also. Gaffron informed Lindquist that the Council has asked the Planning Commission for direction on whether they would like the corridor to come through the park or another option. He did not feel it was likely the Staff would come up with any other options than those that have been presented. Lindquist noted the residents were not in favor of developing Garden Lane either, but the issue of having access for buildable lots needs to be determined. Kathryn Kasprick said she thought the Park Commission had made a recommendation. McMillan indicated that the Park Commission recommended Garden Lane not divide the park land but did not determine any concrete solution. The Park Commission had suggested Garden Lane be extended part way and an alternate be found for the lots to the north. Gaffron reviewed the routes Garden Lane could take noting the financial and aesthetic tradeoffs. He also indicated there has been no conclusion drawn regarding the future of the park land. Hawn inquired about the interest in trading land by the owner of Lot 3. Gaffron said the owner has owned the property a long time and had expressed interest in building on the property but has not formalized any application. The owner would like access to the • property. Gaffron said the City has not contacted the property owner regarding a possible trade. 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 18, 1997 • ( #2 -Saga Hilt Access - Continued) Lindquist inquired whether there were any time constraints regarding solving the access issue. Gaffron said the property owner of Lots 4 and 5 would like to see a conclusion drawn for access to those lots as well as to Lot 2. McMillan inquired whether the park land results in severing becoming unrealistic for the other lots. Gaffron said severing would become much more expensive as a result. He did note that the MUSA line could potentially be revised and indicated that Lots 4 and 5 do not necessarily have to be sewered either. Hawn inquired about the cost of easements for a driveway between Lots 5 and 6. Gaffron referred her to the cost analysis in the report by RLK Associates. Hawn asked who would be responsible to pay for the improvement of County Road 151. Gaffron said no conclusion has been drawn but there would be some public benefit as well as benefit to the property owners. In noting the expense in making roadway improvements, Hawn suggested consideration be given to purchasing the property. Lindquist said he would like to schedule a work session for the Park and Planning Commissions to determine a solution. • Goetten reported that the issue is confusing for all. She noted the need to provide access for those who wish to subdivide and felt a work session would be helpful. The time for the work session was to be determined later in the meeting. Mayor Jabbour asked the Commission to recognize the City's policy regarding all improvements being charged to the benefiting property owners. He noted that 100 °lo of street improvements are paid for by the property owners. Stoddard asked that the City Engineer attend the work session and requested Staff to speak with the property owner of Lot 3 regarding a possible trade in property. ACTION ITEM ( #7) #2209 SPRING HILL GOLF CLUB, 700 SPRING HILL ROAD, VARIANCES /CONDITIONAL USE PERMITS - PUBLIC HEARING 8:54 -10:23 P.M. Note: Planning Commission Hawn vacated her seat and was not part of this discussion on the Spring Hill Golf Club due to a possible conflict of interest. • The Affidavit of Publication and Certificate of Mailing were noted. 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 1 S, 1997 ( #7 - #2209 Spring Hill Golf Club - Continued) The Applicant was present. Gaffron reported that the public hearing is to review a conditional use permit and variances for the construction of a private golf course with club house and maintenance facility on 160 acres within Orono and an additional 40 -50 acres in Medina. The property currently contains Spring Hill Conference Center located in the RR -1B Single Family, 2 Acre Rural, Zoning District, with a portion, which includes the conference center, in the RR -113-1, Single Family Rural Residential Sub - District, 2 Acre Zoning District. A golf course is a permitted use within the RR -1B Zoning District. A separate conditional use permit is required for land alteration in excess of 100 cubic yards. Wetland and bluff impact variances are also required. All of the buildings will be located within Orono. The club house will be part of what is now the conference center. The maintenance facility will be located along Tamarack Drive on the north side of CoRd 6 and will require an over- size accessory structure variance. The facility will be reviewed as a single site. Gaffron noted the City of Medina will also be conducting a review of the proposed golf course located within their city. Gaffron indicated that an Environmental Assessment Worksheet (EAW) is required for the conversion of agricultural land to another use. Orono is the Responsible Governmental • Unit (RGU) for the EAW process. Gatfiron reported that the Council will be reviewing the language of the EAW Document at a meeting on February 20. The Council as RGU is required to approve the document for publication, which allows it to be reviewed by other agencies for response within 30 days. • Gaffron indicated that the applicant has responded to Staff concerns regarding the CUP and variances noted in the memo. Gaffron asked for review of the issues not yet scrutinized by the Staff and recommended tabling of the application at the end of that review. Andy Hunter, president of the non -profit organization, introduced the other members representing Spring Hill Golf Course: Marshal Braman, Consultant; Ken Adolph, Engineer; Tom Crosby, Attorney; and Tim Johnson, Project Manager and Greens Superintendent. Hunter said the purpose of review was to begin the discussions regarding the golf course. 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 18, 1997 • ( #7 - #2209 Spring Hill Golf Club - Continued) Hunter reported that the private golf club would be limited to a membership of 185 and have no country club -type amenities. The club will be an 18 hole championship golf facility and be open only during the golf season. The facility will be open for lunch and an occasional breakfast or dinner. No leasing or holding of other events will take place. The club house will be 10,000 s. f. in size and consist of a remodeled portion of the estate part of the conference center. The remainder of the 60,000 s.f building will be removed. The maintenance facility will be 10,000 s. f. in size. The golf course is being designed by Tom Fazio, who Hunter described as the #1 architect of golf courses specializing in preserving the natural setting. Hunter reported that the subject property was on the market for sale over three years. Because of the neighbors concerns, the purchase of this property along with three neighboring properties required a non - development option. The other three properties had not been for sale but were sold through an option by the owners to keep Spring Hill area from being developed or becoming a residential subdivision. Hunter said these neighbors saw the golf course as pro - environmental. Hunter explained the time table for the project. The first five months in the first year will allow for clearing and grading. The next growing season will allow for planting and • completion of the growing process. Play for golf would not occur until the third year. Hunter indicated that a delay in the process affects a full year. The organization would like to begin the process on June 1, 1997. • Hunter reviewed the project issues. The organization had believed there would be additional land not required for the golf course. They found with the land contours, wetlands, and woods, that all of the land purchased would be necessary. Six different course designs were developed. Hunter said the variations were reviewed to find the best plan for preservation of the environment and answer of traffic concerns. A neighborhood meeting was held by the organization in December, 1996, and attended by 60 people. Individual meetings were also conducted. The neighborhood concerns included the following: 1) Increase of traffic to the area. The organization will ensure that all employee access be from CoRd 6 only. 2) Entrance to the golf course on Spring Hill Road. The entrance was moved 114 mile further from CoRd 6. While this is not the organization's desired entrance, the change was required in order that golf not be played across the entry way. 14 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 18, 1997 0 ( #7 - 42209 Spring Hill Golf Club - Continued) 3) Maintenance facility. The neighbors saw the facility as being undesirable. It has been located such that it will not be viewed from the road or nearby homes without entering the golf course. It will also not be viewed from either direction of Tamarack Dr. or CoRd 6. 4) Concern with golf course being located on two sides of the roadway. A tunnel has been designed for location 750 -1000' feet from the intersection of Tamarack Dr. and CoRd 6. It will be used for golfer access and maintenance equipment. Maintenance equipment will not be crossing the roadway. Hunter noted that they will accommodate any changes to the intersection required by the City or County. Hunter reported that the golf course will be a member of the Audubon Management Society which requires the use of an environmentally sensitive management plan. Hunter said they will respond to the concern for a pedestrian trail to allow for a connection between Wood Rill, the Big Woods, and Wolsfeld Woods as recommended by the Park Commission. Hunter said they fully endorse a trail along the perimeter of the golf course along Tamarack Drive, Spring Hill Road, on to Long Lake and are willing to • mark the trail with a rustic fence to separate it from the golf course itself Hunter said there are approximately 15 acres of wetland on Long Lake to the south side of the project which they are willing to donate to Orono or a nature conservancy. Hunter reported that the trees are being cataloged and reinventoried by a expert on trees. He indicated no tree would be removed without being red - flagged and marked. He said there were 500 trees of a size that allow for transplanting. They also plan on planting an additional 500 trees. Hunter said there will be no perimeter vegetation impact outside of the entrance and near the maintenance and golf club facilities. Additional plantings will be created on the north side. Regarding the Big Woods, Hunter said 40 acres are located on the north side with 12 -15 acres in Orono. It is their intent to retain as much of an umbrella of trees as possible. He said the plan calls to save 50% of the Big Woods. Marshal Braman, Senior Environmental Consultant from Schoell and Madson, reviewed the delineation of wetlands and the EAW Document. Braman said the wetlands ranging in size have all been drained at some point. He noted there were three drainage systems which run through the site into Long Lake, all of which are ditched and degraded. Dams will be installed on the outlets for both enhancement and water restoration. This will require some excavation to occur. 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 18, 1997 • ( #7 - #2209 Spring Hill Golf Club - Continued) McMillan inquired if there are culverts under CoRd 6. Braman reported that three culverts run under CoRd 6. Schroeder asked about the 5.16 to 1 replacement ratio for wetlands. Braman said mitigation credits will be given for the new wetland created. There are four different wetland areas to include those being restored, a stormwater basin, an upland buffer area, and existing wetlands. All mitigation will take place on the site and the ratio noted exceeds the State requirement of 2:1. Stoddard inquired if more wetlands located in Orono are being created than being impacted. Braman said 1.4 acres are being filled and 2.1 acres are being created. Schroeder asked if the mitigation is designed for protection of Long Lake noting the need for the MCWD to review the plans and their effect on water quality. Braman said these factors are built into the plan and will result in an improvement to the water quality in Long Lake. Braman reported having difficulty finding existing traffic data. The available information was prepared by Mn/DOT for the Hwy 12 Alternate. He indicated anticipating 250 daily • trips in and out of the golf course. The majority of these trips (163) will be from 'CoRd 6 to Spring Hill Road to the club house in a 12 hour time period. The traffic anticipated during the peak hour of 4:30 -5:45 p.m. from East Long Lake Road will be 173 cars traveling south and 155 cars traveling north. It is believed that the golf course traffic will add an additional 10 cars each direction or an 8% increase. There are 1058 vehicles per hour westbound on CoRd 6 and 334 eastbound. The golf course is projected to add 2 cars to the westbound figure and 28 cars to the eastbound figure. One to two cars hourly are projected to be added to the traffic on the other nearby roadways. • Schroeder indicated his view of traffic concerns would be from left hand turns into the golf course during the morning hours. Braman said the employee traffic will be distributed between the maintenance facility and club house, and the regular golf course traffic will be distributed throughout the daylight hours. He noted there will be no tee times per se and an anticipated 100 individuals entering the course on a daily basis. Hunter added that 80% of golf is played during the afternoon hours. He expects there to be 50 rounds of golf each day. 1.6 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 18, 1997 ( #7 - #2209 Spring Hill Golf Club - Continued) Ken Adolph of Schoell and Madson addressed the surface runoff issue. He reported that the three watersheds drain north to south to Long Lake. All stormwater will run through one of three proposed stormwater basins before it flows through the three culverts which run to Long Lake. Nutrient removal will occur north of Spring Hill Road according to NURP requirements and include 100 additional non -golf acres to the north. Runoff rates will be maintained to pre - development ratios. The irrigation well will pump into the basin and be drawn back out in a recycling pattern. McMillan asked if the basin will be maintained at a consistent level. Adolph said there will be changes throughout the day from the water being pumped in and out. The water level is anticipated to peak during the early evening hours and reach a low point in the morning. McMillan was told that the outlet would be monitored. He noted that the details on the nutrient treatments and runoff were included in the EAW Document. Adolph reported that the area where bluff impacts are anticipated was mined at one time resulting in the bluffs being man made. He noted the areas to be altered. There will be some retaining walls required within the tee area and the side of a slope will be cut down in order to view the fairway. Minor intrusion into the bluff will also occur by the driveway. Adolph said this could be changed with the use of additional retaining walls. • There is a 10 °lo grade in the driveway from Spring Hill Road requiring retaining walls on the uphill side. McMillan was informed that there will be no construction south of Spring Hill Road. • McMillan inquired if increased flowage is expected under Spring Hill Road. Adolph said the basin will be built to a size to handle the existing rate. He noted there is little hard surface being added. Higher runoff rates will occur on the greens but will be contained. The discussion was opened to the public. Dick Krueger, 1175 Willow Brook Drive, Orono, said his property abuts the golf course. He is concerned with the preservation of the Big Woods. He indicated that while a golf course was the best option, the golf course will come first before the preservation of the woods. He noted there will be a 50% decrease in the woods resulting in the Big Woods being lost. Krueger said the Big Woods originally ran from St. Cloud to Northfield and only 1100 acres remain in Hennepin County; 400 acres are being preserved and the remainder being developed. Krueger said the DNR had designated this 48 acre site for being undeveloped. 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 18, 1997 ( #7 - #2209 Spring Hill Golf Club - Continued) Krueger reported that the golf course property is a link between Wolsfeld Woods and Wood Rill. A full canopy of the woods is required for the wildlife to remain. He noted that the proposed changes will result in the loss of wildflowers as well. He suggested that the alternative for the property is neither a golf course or development suggesting a possible conservation effort as park land. He asked the Commission to fully consider other options or the opportunity to preserve the Big Woods may be lost. Schroeder asked Krueger if he was aware of any efforts by governmental agencies to protect the area. Krueger said he had contacted the DNR four years ago. The plant ecologist asked to be involved, but the owners did not foresee selling at that time. Krueger said funding would present a problem but felt it would be worth the effort. He asked that the process not be rushed in order to allow for public and private groups to get together for possible conservation of the area. Hunter acknowledged the environmental concerns while noting the 5.5 million dollar purchase price. Eleanor Winston, 765 Spring Hill Road, questioned the traffic and road improvements for Spring Hill Road. She asked if there would be trails along the roadway for horses and other uses. Winston said the horse trail along Tamarack Drive is very narrow. It is her desire that the plans include trails for exercising animals. She also concurred with the • concern over left turns at Hunter Drive and CoRd 6 noting near misses of accidents and people passing both on the left and right. She asked that traffic be directed to that location instead of from Long Lake and Hwy 12. Winston said the conveniently bumpy roadway maintains a slower speed at this point but any road improvement would increase the traffic and speed. • Bill Dunlap, 951 Spring Hill Road, said he considers himself an environmentalist but is in favor of the project. Dunlap feels the project is the best alternative that funding will allow. Tony Shull, 1125 Spring Hill Road, said he has resided in that area for 20 years and has watched the traffic increase on CoRd 6. He feels all alternatives for the property will result in increased traffic but embraces the project as the best option as it is the most environmentally sound alternative. Bruce Carlson, 591 North Spring Road, said he believes the project is wonderful and fully endorses it. He asked to include the neighborhood regarding input on traffic. 18 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 1 S, 1997 ( #7 - #2209 Spring Hill Golf Club - Continued) Craig Alshouse, 1300 Willow Brook, an 11 year resident, reported that his property abuts the golf course. He said he has jogged and walked the area and feels it will be greatly impacted. Alshouse said the 11 acre parcel east of him recently sold. He reported that he ran and walked this property but never felt he had a right to do so_ Alshouse said he does not feel he has the right to tell his neighbors what they can do with their land. While he enjoys the amenities of the area, he said he does not assume that they will continue to be there for his enjoyment. Alshouse is of the opinion that the golf course is the best alternative for the property and endorses the project. Alshouse said he considered a possible housing development for the property south of CoRd 6, septic systems of which would have impacted the area. The public hearing was closed. Lindquist asked if the review would continue at the March 1.7 meeting. Gaffron said an option would be a work session with the developer to work through the issues. Lindquist agreed with a work session as being the best option for further review. McMillan inquired about the time line of the EAW. The document is being discussed at a Special Council Meeting on February 20, and the next available publication date is March • 1. There are two 30 -day periods, one allowing for public review and the second for response to the review.. Gaffron reported that the Council has the option to grant a conditional approval pending the successful outcome of the EAW process. Gaffron said City Attorney Radio cautioned the Council that while legally having that option, they are convinced of the need to do so. Gaffron said the Council may want to send the EAW Document back for further revision depending upon the comments received by the agencies involved.. • After further discussion of the process, the Commission determined to discuss the issue at the March meeting to review further information provided by Staff. A work session will be scheduled at that point. Tom Crosby noted that the maintenance facility, traffic, and lighting are not included in the EAW process. Stoddard asked if there was the opinion that an EIS would be required. Braman indicated he did not believe so based on the issues. 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 18, 1997 ( #7 - #2209 Spring Hill Golf Club - Continued) Mayor Jabbour asked Staff to identify the variances. Gaffron noted the need to fill the wetlands, bluff impacts, and an over -size accessory structure variance. Jabbour inquired about Staffs opinion regarding the time table presented noting the need for CUP and building permit. Gaffron said Staff suggested tabling the application in order to answer the questions being generated. Jabbour said he was concerned with a CUP as being perceived as granting approval of the plans. He noted the CUP process is generally faster than that of the variance process. He also asked that the application fees be addressed up front. Gaffron said Park Dedication Fees would not be included as the project is not a subdivision. Jabbour noted the great loss of revenue to the City. Council Member Goetten asked Gaffron to determine what the amount would be if a subdivision was involved. Smith asked Staff to address the trail issue and elaborate on such plans. Lindquist informed her the Park Commission was addressing that concern. Lindquist moved, McMillan seconded, to table Application #2209. Vote: Ayes 5, Nays 0. (Hawn had excused herself from the discussion of this application due to a possible IS conflict of interest.) nt d himself from the meeting at this time. (Schroederabse e g ) • (#4) #2205 ALLEN SCHEFERS, 2540 CASCO POINT ROAD - CONDITIONAL USE PERMIT - PUBLIC HEARING 10:36 -10 :37 P.M. Note: Planning Commissioner Hawn returned to her seat for this agenda item. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was not present. Lindquist moved, McMillan seconded, to table Application #2205. Vote: Ayes 5, Nays 0. SKETCH PLAN /CONCEPTUAL REVIEWS (#9) #2208 JYLAND DEVELOPMENT INC., HUNTER DRIVE AND 6TH AVENUE NORTH - SUBDIVISION FOR 4 NEW UNITS The Applicant was represented by Rick Carlson and Mark Gronberg. 20 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 18, 1997 (#9 - #2208 3y1and Development - Continued) Van Zomeren reported that the property being reviewed for possible subdivision is located in the RR -1B Zoning District, One Family Rural Residential, requiring 2 acre minimum lot size. The 21 -1/2 acre property is located along County Road 6 and Hunter Drive. She noted the parcel with the existing residence is excluded from the parcel being considered for subdivision. The lots meet the code requirements. The subdivision would be a Class 3 due to the creation of more than three lots. The proposal is for 4 lots with one outlot with a cul -de -sac. Van Zomeren said their are unresolved septic system issues pertaining to the property with the existing residence. Steve Weckman has determine that the parcel has no alternate septic site, and the current system is failing. Staff had desired the parcel to be included in the subdivision to allow an alternate site to be found for the septic. Van Zomeren said the drainage on the subject property is adequate. The property will be accessed from the high point on Hunter Drive to allow clear site lines from the north and south. Mark Gronberg indicated the property had been considered for maximum development of 8 lots meeting the 2 acre dry buildable requirement. After probes and wetlands were • assessed, it was determined that the slopes were near the 6% limit and would require mound systems. This resulted in the subdivision downsizing to four oversized lots. Soil testing is currently being done and wetlands being delineated. • Carlson said they do not plan on pursuing purchasing of the property with the existing residence due to the high cost of acquisition. McMillan asked what types of wetlands are found on the property. Gronberg said there are type 3 wetlands as well as two other small type I wetlands along the drainage swale and ditch area. He indicated a NURP pond would be constructed at the end of the cul -de- sac. Stoddard was informed that they expected very little change in the wetland delineation. McMillan inquired if any conservation easements would be necessary. Gronberg said there are normally drainage easements taken. Carlson said there were some conservation restrictions already in place on the property. The Planning Commissioners were satisfied with the sketch plan as presented. Carlson questioned whether there would be a problem in meeting the application deadline for the March Planning Commission Meeting if the test results were not yet returned. Van Zomeren and Gappa said they would make that determination and inform Carlson if there was a problem_ 21 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 18, 1997 PLANNING COMMISSION COMMENTS ( #10) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS OF JANUARY 21,1997 AND FEBRUARY 10, 1997 McMillan reported that the Council discussed the EAW document for the Spring Hill Golf Club. She also indicated the application for improvements at Rick's Super Valu was approved with the notation that the property has reached its maximum capacity. ( #11) OTHER ISSUES FOR DISCUSSION McMillan suggested meeting with the Park Commission regarding the Saga Hill access issue. Lindquist directed Staff to add this issue to the April agenda of the Planning Commission to allow time for further Staff review and Commissioners to view the location. The Planning Commissioners were reminded of the Council Work Session regarding the Spring Hill Golf Club EAW Document on Thursday, February 20. McMillan and Lindquist will attend. 40 (#12) PLANNING COMMISSION APPROVAL OF MINUTES OF THE JANUARY 13, 1997 MEETING • Hawn moved, McMillan seconded, to approve the Minutes of the Planning Commission Meeting of January 13, 1997. Vote: Ayes 5, Nays 0. ( #13) PLANNING COMMISSION TO SELECT REPRESENTATIVES TO ATTEND THE COUNCIL MEETINGS OF FEBRUARY 24 AND MARCH 10, 1997 Smith will attend the February 24 Council Meeting. Hawn will attend the March 10 Council Meeting. ADJOURNMENT Lindquist adjourned the meeting at 10:50 p.m. Dale Lindqu 0 k,/C ha' e n 22