HomeMy WebLinkAbout03-31-1997 Planning Commission Minutes•
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ORONO PLANNING COMMISSION MEETING
MINUTES FOR MARCH 31, 1997
CONTINUATION OF PUBLIC HEARING
SPRING HILL GOLF CLUB b"T
ROLL
The Orono Planning Commission met on the above date with the following members
present: Chair Dale Lindquist, Charles Schroeder, Sandra Smith, and Lili McMillan.
Elizabeth Hawn was in attendance but absented herself from the discussion. Janice Berg
and William Stoddard were absent. The following represented the City Staff: Assistant
Zoning and Planning Administrator Michael Gaffron, Public Services Director Greg
Gappa, City Engineer Shawn Gustafson and Recorder Sherry Frost. Mayor Jabbour and
Council Member Goetten were present. Chair Lindquist called the meeting to order at
7:31 p.m.
CONTINUATION OF PUBLIC HEARING - APPLICATION #2209 SPRING HILL
GOLF CLUB FOR VARIANCES AND CUP - 7:31 -9:59 P.M.
The public hearing regarding the Spring Hill Golf Club was reconvened in the Council
Chambers at 7:31 p.m. following an on -site inspection of the subject property.
The meeting addressed the following issues as noted in the Staff memorandum dated
March 26, 1997: Gaffron indicated there is a continuing receipt of comments from the
EAW Document and the Application. The public comment period for the EAW ends on
April 9. The public hearing will be continued to the Planning Commission Meeting of
April 21, 1997.
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• SPRING HILL GOLF CLUB
The Application was represented by Spring Hill Golf Club President Andy Hunter,
Attorney Tom Crosby, Dennis Wiese of Fazio Design, and Project Manager Tim Johnson.
BLUFF IMPACTS (VARIANCE)
Gaffron reported that the bluff impacts are to the gravel pit. He has spoken with the
applicant regarding limiting the cuts to the bluff. The 85' rise on the east side of Long
Lake is visible as a person travels north and from the lake itself. Gaffron indicated that
revisions have been made to grading and removal of trees from the bluff impacts noted in
the March 13 memo. Gaffron said that the changes made by the applicant will result in
removal of a tee to eliminate cutting into the bluff. The golf cart path will also be moved.
The comprehensive plan prohibits clear cutting. The bluff impact zone includes the bluff
40 from ' top to bottom and 20 beyond.
Gaffron reported that the road may be moved more to the north. While Staff recommends
approval of the variance for the access, the variance may not be required. Staff
recommends denial of the bluff impact variance due to the requirements of the
comprehensive plan. Gaffron asked the Planning Commission to consider whether the
hardships are self - imposed; if the property was to become a subdivision, would these same
variances be allowed.
Schroeder questioned the origin of the gravel pit. Tom Crosby thought it was created for
use when Highway 12 was constructed.
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Andy Hunter said the plan has been changed from the plan by which Gaffron made the
above recommendations. The Project Manager, Tim Johnson, explained to the Planning
Commission revisions made regarding the bluff impacts. Johnson said there will be
selected clearing for the cart path to establish a 10% grading which will be revegetated.
Clearing will also be done to improve the site line for playability of the golf hole. Johnson
said the vegetation buffer will not be disturbed.
The plan originally called for encroachments due to placement of the tees. The plan has
been changed so the tees are now located outside of the bluff impact zone. A 50 -60'
clearing is required for the tee site resulting on a 50' to 150' disturbance in comparison to
clearing of the entire area. Gaffron noted that if the tee was eliminated, there would be no
disturbance. Johnson said smaller vegetation will remain and larger trees will be removed
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to allow play of the ball and offer the site lines.
There will be selected cutting on the north rim of the bluff for the drainfield in creating a
20' corridor along the rim. The significant grading on the west rim is being somewhat
lessened by the lowering of the tee. Wiese indicated there is concern for the site line when
playing into prevailing breezes. An errant ball could create liability problems if people are
playing and cannot be seen. Golf is also more playable when the area where the ball is to
land is seen. Wiese noted that the ball speed has also been softened so the ball will not
land in the environmentally sensitive well area.
Crosby asked how the changes can be incorporated to allow for conceptual approval of
the bluff impact variance. Gaffron said direction can be sought at this time but the plan
• will need to be reviewed prior to approval_ The plan will be required to show how the
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bluff rim is being crossed over in a saddle -type effect instead of being graduated down.
Gaffron noted the requirement in the comprehensive plan for mitigation.
There were no public comments.
Hunter reported that the west side grading changes will not be visible. He indicated 10' is
being disturbed and the 70 -80' tall trees will hide that disturbance. Wiese informed
Lindquist that 15 -20' will be taken off of the bluff. Hunter said it is their intent to
eliminate any visible effect.
Schroeder asked how the bluff impact can be mitigated. Gaffron said the visual impact
can only be mitigated by replacement of trees. He felt the erosion issue could be dealt
with. The comprehensive plan calls for natural views to preserve the natural features.
Gaffron said it can be argued that the bluff was created by man with the creation of the
gravel pit. Gustafson added that sodding or seeding blankets can address the erosion
issue. He indicated if the intent is to regain vegetation, it probably can be accomplished.
Schroeder voiced concern with the visual impact while noting it will be disguised by the
trees.
McMillan is concerned for erosion, though understood the problem could probably be
dealt with. She would like to preserve the natural look of the bluff and see it restored with
native vegetation. McMillan said she would support the bluff impact if the grading and fill
around the edge was minimized.
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Lindquist indicated the Commissioners conceptually agree with the plan as presented.
Gaffron suggested the plan show the limits of the grading, clear cutting, and tree
replacement. Lindquist also asked for information on how much disturbance of the bluff
would occur.
Crosby indicated the access would be moved up off the bluff. Lindquist indicated that
would be preferable.
WETLAND IMPACTS (VARIANCE)
Gaffi-on reported 21 wetlands will be impacted by the plan; 17 in Orono and 4 in Medina.
• Six f the 17 in Orono are Orono i 1 h o designated wetlands. The remaining 11 are wetlands
delineated through the Wetland Conservation Act. It was noted that some of these
wetlands are currently drainage ditches. The acreage involved of Orono designated
wetlands where grading is prohibited is 9 -1/2 acres. The impact will include 1 acre filling,
1 acre being created, and loss of 0.7 acres. The non - designated wetlands impacted are 2
acres in size; 0.27 will be filled, 2+ acres of wetlands created for a net increase of 1.79+
acres of wetlands. The wetland impact will result in a total of 1.22 acres being filled, 3
acres created, for a net increase of 1.72 acres. Five wetlands will be enlarged, while 6
wetlands will be reduced in size.
Gaff-on indicated there are three wetland areas that will be impacted with work proposed
within the 26' separation zone, #2, #5, and 912. Gaffron reported that the wetlands in
Medina will result in a net reduction of 1/20 acre due to the filling of 0.23 acres and
MINUTES OF THE ORONO PLANNING COMMISSION
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creation of 0.18 acres. 1.45 acres of these noted wetlands will be filled. Mitigation will
take place with the creation of 2 -1/2 acres upland. A 0.61 acre NURP pond will be
created. There will be a 3.15 acre value credit by impound as wetlands will change from
type 2 to type 3. The upland credit is 0.64 acres for a total of 3.21 acres of new wetlands.
The mitigation ratio is 2.1.5:1. The final mitigation including credits is 5.01:1.
Gaffron reported that the ordinance involving wetland impacts within a flood plain is
allowed in extraordinary cases and noted how this may occur. It was noted that purpose
of the ordinance within the shoreland is water quality. Wetland #2 will be enlarged to a
NURP pond. Wetland #4 will be undisturbed. Wetland #5 will be filled on the north end
due to a fairway location and expanded below on both sides. This wetland will be used for
irrigation purposes and as a NURP pond. Wetlands #8 and #10, which are drainage
ditches, will be filled for a fairway. Wetland #9 will be enlarged six Mmes its size.
Wetland #11 will be enlarged four times its size and will act as a NURP pond.
Gaffron said the wetland impacts have been reviewed with City Engineer Gustafson. It
was noted that NURP ponds can be built above what exists. Gaffron indicated Staff
recommends approval of the impacts; however, questions several areas where changes are
made for layout purposes only. He reported wetland #5 would require filling to allow
crossover by Tamarack by wetland #12. The fairway will be restricted by wetland 97 so
no filling will occur at that location.
Gaffron asked the applicant to address the provisions made in the plan in regards to the
issues. He asked that adequate hardship be shown to include the need for mitigation and
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integration into the wetlands. The wetland impacts will require approval by other
agencies, the Corp of Engineers, the DNR, and MCWD.
Lindquist inquired if the MCWD will likely approve the wetland impacts. Qaffron said
there should be no large changes requested but possibility changes of individual wetland
areas. The recommendations of the MCWD has not been determined.
Marshal Braman said no feedback has been received from the DNR who wants to see City
approval occur first. Crosby said the applicant is attempting to meet before the MCWD
regarding their requirements. He noted the MCWD would like to see the City approve the
plan before making any recommendations.
• Lindquist asked the applicant to address the conce rn m ade by t h e Sta ff as w well as t he
necessity of the impact on wetlands #5 and 912.
Gaff-on explained the separation requirements in creating a 26' buffer zones around
wetlands. The grading will also require revegetation.
Dennis Wiese indicated wetland #5 would be impacted due to the problem with hitting a
golf hall over the wetland. The configuration presented a problem with a large ridge of
vegetation and attempting to save a par 5 length to the golf hole. Without the impacts as
shown, the hole would not be playable. Better play is created by filling in and eliminating
the crossover. Wiese said their planning looked at a number of ways by which to play and
yet utilize the space available.
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Braman indicated that the elimination of the buffer on wetland #12 would require more fill
and defeat the reason for the buffer in preserving the wetland or make it too narrow for a
ball to land. He indicated the distance between the two wetlands is about 100'.
Wiese said if the road was not in this location, the hole could be moved back. He
indicated more space is necessary to advance the ball, and it is their attempt to eliminate
the awkwardness of having longer shots after the original tee shot.
Smith inquired of the response from the Met Council regarding the EAW. Gaffron read
their response as noted on page 2 of the March 31 memo, item #18, specifically, water
quality and surface water runoff. Gaffron noted that the incorporation of NURP basins
into the project is being done and the adoption of the best management practices is a
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requirement of the City. The Met Council indicated the change in one acre of wetland is
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created by the use. It was questioned what the response would be if the application was
for a subdivision.
Braman informed McMillan that wetland #5 is the only irrigation pond and would require
being dug deeper.
Gaffron indicated the property owner on the north end of the project, Mr. Krueger, has
responded to the EAW and voiced concern with what effect changes to wetland # 17 will
have on his wetlands. 0affron said the applicant should address what this issue. Braman
said they were in the process of studying the issue. Hunter noted one remedy might be
control of the outlet but explained that this would decrease the amount of mitigation. He
noted it would also 4pq the water quality into Long Lake.
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Lindquist asked the applicant to comment on the Met Council's notations. Braman said
they are using the best management practices of the Met Council as well as those of the
MCWD. He also indicated that mitigation is at a 5:1 replacement ratio where 2:1
replacement is required. He noted that all of the wetlands on the property have been
drained, and it is their attempt to restore them.
Crosby indicated that the applicants have not discussed and responded to the comments
yet received. Crosby said the MCWD's recommendations are a piece of the puzzle. He
indicated it is their attempt to replace the wetlands without leaving the site. Braman also
indicated that they are following the design criteria for NURP ponding as well as for the
100 year storm projections. Smith asked for further clarification on these issues.
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McMillan inquired whether the MCWD is a commenting agent to the EAW. Paffron said
he believed that they were. Braman said the MCWD will respond in some manner and all
commenting agencies will receivo a response.
Lindquist indicated that comments will be received up through April 9, and t�e flaming
Commission would not be able to further review the application until these cornmegls have
been received.
Braman noted that the water quality issues have been studied previously by the MCWD.
Crosby asked the Commission to 1pok at the pig picture when considei jq the Parg§t�p
• issue. He noted that the R�p}t sg Is armjtted use and asked that t}}� ship'$ pe
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reviewed under the umbrella of the golf course use. Crosby also noted the importance of
presenting the information before the MCWD. Lindquist said this should be possible once
the comment period is over.
MAINTENANCE FACILITY IMPACTS (OVERSIZED STRUCTURE
VARIANCE)
Gaffron reported that the maintenance facility structure will be located northeast of the
intersection of Tamarack and County Road 6. The variance is required as the building is
larger than the limits allowed. Gaffron read the regulations concerning oversized
structures. A 9+ acre parcel is limited to a 3000 s.f accessory structure.
Gaffron indicated the grading plan fro m
this structure would eliminate all trees within a
400' arc. While there are no specific ordinances involving this issue, clearing of trees is
not in keeping with the recent tree policy adopted by the Council. He noted that the
facility would be visible from CoRd 6 and is concerned with this visibility. Berming would
result in the loss of natural vegetation. Gaffron indicated there will also be noise impacts
with movement of equipment, from employees and deliveries. However, these noises
would result regardless of the size of the structure. Gaffron said he recommended the
structure be placed out in the middle of the site rather than along the roadway. He said
the applicant informed him that the location was for ease of accessibility and to avoid
affecting the layout of the course. Gaffron noted that there is a uniqueness to the area
from CoRd 6 and Ferndale to Brown Road in that the heavy vegetation creates a buffer
from any viewing of buildings. Gaffron felt this uniqueness should be preserved as it is in
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standing with City policy and comprehensive planning. Gaffron asked if other areas were
considered for the structure; and if not, how does the applicant address the issues?
Hunter reported that the structure will be totally hidden from view except by plane. This
will be accomplished by berming and vegetation. Any effect the plans have on existing
vegetation will be replanted. Hunter said they do not want the building to be visible. He
said they were informed that this is the best location outside of being placed in the middle
of the Big Woods area as it is in the middle of the course. Hunter noted that the
maintenance equipment will use the tunnel.
Gaffron indicated concern of visibility for westbound viewing. Wiese said the land form
isby the 7th tee will give sufficient cover of the structure.
McMillan received confirmation that the septic site has not yet been determined.
McMillan asked how this will change the berm. She was informed that the drainfield
location is flexible as sewage will be pumped. All trees to be retained will be identified as
well as new vegetation.
Lindquist asked what will be done with the space around the building. Hunter said they
will accommodate with plantings if necessary.
Smith asked that the visual look around the structure be natural versus being filled with
berming. Gaffron noted that the vegetation was sparse on one side of the building and
berming could result in a created look. He also voiced concern that the drainfield might
• not meet approval. The applicant informed him that this determination will be made in a
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few weeks once the frost leaves the ground. The soil survey indicated the proposed
location as the best place for the drainfield.
McMillan noted that the existing berm would allow for visibility of the structure during the
winter months as there are no spruce trees. Hunter said the vegetation plans have not yet
been determined but would be natural as possible.
Tim Johnson asked whether a plan for berming with vegetation on top would be
satisfactory. Smith said the goal is to hide the structure by use of natural looking
vegetation. Lindquist said a combination of uses would be adequate and asked that the
applicant work with Gaffron on this issue.
•Dick Krueger asked the Planning Commission to recognize that the wetland issue to
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regards to effect on adjoining properties has not yet been resolved. Lindquist said it was
understood that no decisions have been made.
BIG WOODS IMPACTS
Gaffron reviewed the March 20 memo, which is a part of the March 26 memo. Exhibits D
and E were also referred to which review the Big Woods prior to and after golf course
development. It was noted that one -third of the Big Woods is in Orono and the remaining
portion in Medina. The memo compared the 36% clearing for a subdivision with the 50%
clearing which would occur for the golf course. Only 1,100 acres of the original 154,000
acres of Big Woods remain in Hennepin County as of June, 1995.
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The impacts on the Big Woods was discussed. The DNR letter acknowledging the Big
Woods as being within the site and its impending impact was noted. The golf course
would change the nature of the woods and a loss of forest canopy would occur.
Gaffron reviewed the specific impacts of fragmenting the Big Woods from the golf course
construction, noting it would also occur with residential subdivision construction. The list
is contained in the March 20 memo. Gaffron noted the City has no tree/forest
preservation ordinance outside of the designated Shoreland district ordinances, and the
golf course proposal would not fall under the realm of the ordinances for subdivisions.
The tree /frost regulations that exist were reviewed. It was noted that Orono cannot
regulate the portion of the Big Woods located within Medina. There are also no known
' • State or Federal regulations prohibiting the proposed plan within the Big Woods.
Gaffron reviewed the opportunities for and ramifications of the City attempting to prevent
any fragmentation of the Big Woods. The fist is contained within the March 20 memo.
Gaffron reviewed preservation of woodlands addressed in the Orono Comprehensive Plan
(also included in the March 20 memo).
Gaffron noted the concern over clearing of 50% of the Big Woods for the golf course and
comparing it with 2 acre sewered housing. He noted comments received from the EAW
Document, the Comprehensive Plan goals and policy all indicate the need to preserve the
Big Woods. Gaffron said Staff had no recommendation at this time as the issues are not
yet understood. While there is no code under which to regulate the Big Woods impact,
the use of the CUP can limit the impacts. He suggested the Big Woods be protected
• through placing conditions on the conditional use permit.
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There were no public comments at this time.
Hunter said they were attempting to minimize the impact. He acknowledged that impacts
would occur. He said the golf course is an attempt to keep 150 acres from becoming a
housing development. Hunter said the golf course is planned around the environmental
areas. Hunter said there is not enough land to eliminate any impact to the Big Woods or
to the wetlands. Crosby said if the Big Woods cannot be impacted, the project would
cease.
Wiese related how the piece of land was reviewed for layout of the course. The
topography indicated the east/west configuration of the golf holes on the west. The higher
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grades moving to the east allowed for north/south la of the holes, and then ran east /west
�' g play
again on the eastern portion of the land. Wiese said they attempted to preserve large
forested areas. The east /west holes on the west side allowed for one hole per 8 acres of
land. The north side of the Big Woods area resulted in playing from ridge to ridge. There
will be 25% less impact in the north/south hole configuration resulting in one hole per 11+
acres. Wiese said the site characteristics inform how the holes will be laid.
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Schroeder noted that the forest canopy would be lost with housing as well.
Wiese indicated that the trees in the clearing passes will be flagged. He said the drip lines
may determine whether or not a tree is saved.
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Dick Krueger asked the Commission to discuss the possibility of saving the entire Big
Woods as a park preserve. He feels this alternative should be studied. Krueger said the
ability to create a continuous Big Woods from Wolsfeld to Wood Rill is a one in a lifetime
opportunity.
Schroeder asked for comment from Fred Harris of the DNR. Harris indicated the
minimum standard for preserving a large parcel of land has been 40 acres but financially
difficult for most cities and preservation groups. He noted a land parcel smaller than 20
acres is too small. He did indicate the SNA would assist an effort to preserve the Big
Woods.
Smith asked Harris to respond to what changes would occur to the Big Woods from the
i mpact of the golf cou r se outs i de o f the
rest canopy. Harris said the canopy opens up
the area to light resulting in a change in wildlife especially along the edge of the woods
and more shrubbery filling in underneath. He noted Buckthorn will colonize areas that are
opened up.
McMillan asked if there was any succession to the Big Woods. Harris indicated there is.
He noted oaks are not reproducing and maples are becoming more dominant. The natural
process changes as the trees age and die off. The woods become cooler and moister.
Crosby asked if the Big Woods impact will be approved. Lindquist informed him that the
Commissioners will have more information at the April 21 meeting after the commend
period ends for the EAW.
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Krueger asked that an inspection be made of the Big Woods in the spring for wildlife and
plantings. Harris said the DNR could make that inspection. He noted April and May to
be the time period for inspecting birds with mammals later in the year. Braman indicated a
biological study was performed in April, 1995, and Harris did not produce any specific
findings. Harris said he did does not study animals and most plants are not totally
surfaced until mid- summer. Braman asked if there were any endangered species in
Wolsfeld. Harris said he did not find any endangered plants at that location. Braman said
the findings indicating no endangered species from the study in 1995 was the first project
he was aware of that this occurred.
Jabbour responded to the question of whether the City would be able to assist in acquiring
property. He noted most large donations are by individuals. He referred to the
preservation group formed for saving Saga Hill but acknowledged that the major donation
for that parcel was from an individual as well.
SPRING HILL ACCESS ROAD LOCATION
Crosby indicated that there is new information regarding the access. Hunter noted that
they are addressing the concern regarding increased traffic by expressing their willingness
to move the access on Spring Hill closer to CoRd 6. He said, while they are willing to
move the existing entrance, the existing road cannot be changed.
Lindquist informed the applicant that the problem is with the site line from the west.
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Gaffron indicated Hennepin County requested the access along CoRd 6 be eliminated. He
referred to the Staff memo from Ron Moorse and Greg Gappa. Gappa reviewed the
access issue relating the details of the noted memo dated March 31, 1997. He cited the
advantages and disadvantages for a CoRd 6 access or a Spring Hill Road access. He
reviewed the road functions and traffic volumes on the two roadways. While noting the
road network layout, Gappa indicated that the southern access to the project area from
Hwy 12 corridor is also a concern.
Crosby said they were willing to use either roadway for access. He noted that the ultimate
decision was the City's, and the County is only able to make suggestions to the City.
Lindquist asked that the access be a specific item on the Planning Commission agenda for
April 21.
Schroeder moved, McMillan seconded, to continue the public hearing to the Planning
Commission Meeting of April 21, 1997. Vote: Ayes 4, Nays 0.
ADJOURNMENT
Schroeder moved, McMillan seconded, to adjourn at 9:59 p.m. Vote: Ayes 4, Nays 0.
0 Dale Lindquist, Chair Person
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