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HomeMy WebLinkAbout04-21-1997 Planning Commission MinutesORONO PLANNING COMMISSION MEETING MINUTES FOR APRIL 21, 1997 • ROLL The Orono Planning Commission met on the above date with the following members present: Chair Dale Lindquist, Charles Schroeder, Sandra Smith, Janice Berg, Elizabeth Hawn, William Stoddard, and Lili McMillan. The following represented the City Staff: Assistant Zoning and Planning Administrator Michael Gaffron, Public Services Director Greg Gappa, City Planner Elizabeth Van Zomeren, and Recorder Sherry Frost. Mayor Jabbour and Council Member Goetten were present. Chair Lindquist called the meeting to order at 7:00 p.m. SCHEDULED PUBLIC HEARINGS/PUBLIC INFORMATION REVIEWS ( #1) 7:00 P.M. TELECOMMUNICATIONS ORDINANCE - 7:00 -7:30 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Van Zomeren reported that the proposed telecommunications ordinance was amended from discussions held at the March Planning Commission Meeting. Antennas structures were deleted from the ordinance. The policy was codified to allow PCS on municipal water towers. This would limit the use to the two existing water towers, one near the City • offices and the other in Navarre. Van Zomeren said she understood that the maximum distance antennas may be located is 4 miles which is the distance between these two water towers. She also noted that antennas can be co- located on the same tower. A maximum of three providers can co- locate on one tower with antennas placed at different heights. Van Zomeren indicated if problems occur due to these locations in the future, the issue can be revisited at that time. Antennas are further defined within the amendment specifying PCS, radio receivers, and ham radio antennas. The public service antenna description did not include PCS. Van Zomeren brought attention to the conditions noted on pages 3 and 4 of the memo regarding setbacks and color compatibility. She indicated the language of the ordinance was reviewed with a consultant. Van Zomeren said drafts of the ordinance were faxed to interested parties. During public comments, Tom Alexander, attorney for Larkin, Hoffman, and representing APT (American Portable Telecommunications), reported having attended the prior meeting and reiterated what he saw to be the issues. He is of the belief the ordinance would restrict instead of expand the Telecommunications Act. He said the removal of the conditional use prohibits towers from being built by placement of antennas only on the two existing water towers. Alexander believes the restriction is illegal under the Telecommunications Act. • C� J u MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 (#I - Telecommunications Ordinance - Continued) Alexander said the City could expect a challenge to their ordinance if the towers prove area inadequate due to structure capability, height, overcrowding, and coverage. This would resultt in the need for additional antenna sites to provide service. Alexander said he would provide the specific provisions in a follow -up comment letter. Lindquist later asked that this comment letter be sent in a timely manner. Alexander indicated another method could be to create incentives for the telecommunication companies to use the water towers. He suggested the antennas be a permitted use with administrative permission or subject to conditional use in different districts (industrial, commercial, etc.) and performance standards instead of prohibiting them altogether. He noted the minimum height required is 75'. It costs $150,000 to $250,000 to construct a tower which the companies will avoid if locations for antennas can be found on existing structures. Alexander informed Lindquist that co- location can occur if the newest provider conducts an interference analysis. He indicated the horizontal separation between antennas must be 20 -25'. He indicated his company prefers co- location whenever possible subject to a lease. He asked who the consultant was that assisted with the ordinance review. Van Zomeren reported the consultant was John Dubois. Van Zomeren reported that City Attorney Radio has indicated the ordinance is reasonable and provides for the City to be covered. He had noted that it is not clear what the FCC allows or disallows. Alexander argued that if the water towers are not suitable to the needs of the PC S, it would render the ordinance as prohibitive. Smith asked if the need for additional antenna locations from that allowed by the proposed ordinance currently exists or if the concern regards possible fixture needs. Alexander felt it affects the current condition and future. He noted the company is unaware of what sites will be used, but the restriction on the tower could possible place the service in jeopardy. Alexander said APT is currently in Phase I of implementation, and Orono is in Phase 2. He indicated the criteria that must be met includes 1) radio frequency, 2) coverage, 3) linkage with sites, i.e. leaseability, space availability, structural adequacy, and 4) land being buildable for antennas and towers. Lindquist noted that the law is ever - changing regarding this new technology. Alexander responded that the 1996 Telecommunications Act provides for the needs. Cities are told to act quickly, moratoriums are allowed, but must be timely, and the service cannot be prohibited. • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 (#1 - Telecommunications Ordinance - Continued) Dave Hagen and Ron Gunderson were present representing Sprint PCS. Hagen asked that his agreement with Alexander's comments be on the record regarding the City's violation of the Telecommunications Act. He said the ordinance would have the effect of prohibiting antennas. Hagen indicated his company has an interest in locating on the City's water tower on Kelley Parkway. He is concerned with the present zoning of RR -1 B. The water tower is not currently in the B -I zoning as required by the ordinance. Without the proper zoning, Hagen said they could not locate their antenna on this water. Approval also requires administrative approval. Hagen said he feels the City will be challenged regarding their ordinance. Alexander also noted that if two antennas were on one tower and heavily used, two towers would be inadequate, and additional sites may be needed. He offered his assistance with drafting an ordinance and providing copies of other drafts. Lindquist indicated the City's needs are different from that of the PCS companies. Lindquist said he would like to see a response regarding the ordinance in writing from City Attorney Radio. Hawn questioned whether the 4 -mile separation is adequate to provide the service. Hagen • and Alexander indicated the possibility and noted the requirements necessary. Smith noted there are other water towers located in nearby communities that may service Orono as well. Hagen agreed. Alexander said they have not yet made that determination. Hagen said he believes the residents of Orono want this service. Schroeder noted the City is attempting to accommodate the need for service. He indicated flexibility was important. Smith moved, Schroeder seconded, to table the ordinance to allow the City consultant to respond to the questions raised regarding provision of reasonable service and receipt of written review by the City Attorney. Vote: Ayes 7, Nays 0. ACTION ITEMS ( #2) #2201 GEORGE ADAMS, JAMES FIEGER, S.T. ROBB, JR., 570, 580, 590 AND 600 BIG ISLAND - VACATION OR USE OF UNIMPROVED RIGHT -OF- WAY - CONTINUATION OF PUBLIC HEARING 7 :30 -7:47 P.M. The Applicants were present. �J MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 •( #2 - #2201 Adams, Fieger, Robb - Continued) George Adams reviewed the request for three residences to be on the same septic system. They had originally proposed for vacation of portions of dedicated right -of -way. The application had been tabled and septic system redesigned to meet code as well as be contained within the Robb property. The applicants are requesting permission to run piping within the right -of -way to connect the Adams and Fieger residences to the septic system within the Robb property. Staff recommends approval with conditions as noted. The applicants are also in agreement with the resolution as drafted. During public comments, Don Henderson, Edina, owner of 560 Big island, property located to the east of subject properties, said he was satisfied with the resolution. He asked if the location of the septic system would affect where a well and septic system is located on his dry buildable portion of his lot. Gaffron indicated that there must be a 75' separation between a well and any septic system. The applicant's septic system will be located 15' from the property line. There is no requirement for separation from one septic system to another. Gaffron indicated a possibility of obtaining a variance to allow the separation at 50'. Tom Robb commented that the applicants had provided Henderson's name to Staff for notification. • Smith noted reference to seasonal use and use of septic stem for "gray" water only. She S t no p y y asked if any limitations need to be addressed? Gaffron reviewed the scope and normal procedures followed for any septic system. Lindquist was of the opinion that these issues did not need to be addressed as part of this approval. Gaffron indicated any change to year -round use would require a CUP. The applicants will also be incumbent to provide the list of conditions to any future buyers of their properties. �J Mason Meyer, 660 Big Island, noted some neighboring properties will be constructing septic systems and questioned what effect the use of the right -of -way for piping will have on truck movement. Gaffron reported that a hold harmless agreement would be required which would have the applicants accept the risk for any damage for their piping in the right -of -way. He said he expects the piping to be laid at a depth and to the side limiting the risk. Meyer asked that the City review the engineering of the project. Gaffron said the piping could be located so as to minimize the risk of damage. Fieger said the piping would be protected with cement casing. Robb asked that they be notified by their neighbors of any projects prior to their occurrence. Fieger noted that the right -of -way is filled with trees, and movement of traffic would likely occur over his property. Fieger said he had no problem with this occurring and asked for prior notice as well. 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 • ( #2 - #2201 Adams, Fieger, Robb - Continued) Schroeder moved, Smith seconded, to approve Application #2201 permitting private septic system connection through pipes within the City right -of -way including conditions 1-4 as noted. He noted any subsequent neighborhood projects may pose a risk to the pipes and cost of repairing damage would be at the expense of the applicants. Fieger asked if the City would render a recommendation regarding engineering. Schroeder said they could assist in this manner. Vote: Ayes 7, Nays 0. ( #3) #2205 ALLEN SCHEFFERS, 2540 CASCO POINT ROAD - CONDITIONAL USE PERMIT - CONTINUATION OF PUBLIC HEARING 7:47 -7:58 P.M. The Applicant was present. Van Zomeren reported that the application is for a conditional use permit to allow for excavation of a pond in a flood plain area to remain. Permits have already been obtained from the MCWD to excavate for a wildlife pond. The CUP from the City for the excavation was not obtained. The applicant has previously obtained a CUP for fill importation in excess of 100 cubic yards. The application had been tabled to allow for snow cover to melt to view the property and determine the effect of the encroachment on the right -of -way. Van Zomeren indicated the review has shown the pond to hold water. She reviewed the impact on the 100' right -of -way. The pond has resulted in an improvement in neighborhood drainage. Van Zomeren said Staff recommends approval with conditions: 1) the pond maintain a 3:1 slope for safety purposes; and 2) the pond be maintained without impact to the right -of -way. The applicant had no comments. There were no public comments. Smith asked that the Commission be consistent in their direction regarding a natural landscape for the pond. The applicant said he plans to enhance the pond by cleaning it up and deepening it. He said his plans call for sodding with grass to the edge of the pond. He also intends to add wildflowers, day lilies, and random rock. He presented a landscaping plan. Smith asked that the landscape include cattails, reeds, and prairie vegetation. She indicated the City would like ponds to have a natural look, not sculpted, and be conducive to wildlife. isMcMillan asked if the road was to be widened. Gappa said the road width is sufficient. 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 ( #3 - #2205 Allen Scheffers - Continued) Lindquist moved, Schroeder seconded, to approve Application #2205 with conditions 1 and 2 as noted. The applicant is to work with Staff regarding the creation of a natural looking pond. Vote: Ayes 7, Nays 0. (#4) #2214 CARMEN AND RICHARD KOZICKY, 2016 SHADYWOOD ROAD - VARIANCES - CONTINUATION OF PUBLIC HEARING 7:5 8-8:24 P.M. The Applicant was present. Van Zomeren reported that the application had been tabled to allow recalculation of the numbers. The applicant has submitted a revised site plan. She noted Staff met on site with applicant and the County. The County approves the location due to sight lines and curb cuts. The plan is considered an improvement. By switching locations of the porch and deck, they are now located outside of the average lakeshore setback. Steps are allowed within that setback. Van Zomeren noted that the adjoining properties have decks located ahead of the average lakeshore setback as well as more hardcover than that of the applicant. Van Zomeren indicated the proposal will result in a reduction of hardcover in the 0 -75' • setback. A structural coverage variance will be required. Allowed is 15% or 2058 s.f. The residence exists at 1948 s.f. or 14.2 %. The proposed structure is 2837 s.f. or 20.67 1/o. It was noted that the 3' overhang is consistent with the design of the residence but results in the need for a side yard variance. A hardcover variance in the 75 -250' setback is also required. Van Zomeren said Staff recommends approval or amendment. She recognized the improvement to the driveway and the reduction in the average lakeshore setback. The applicant had no comments. There were no public comments. Hawn said she is concerned with the excess structural coverage. She suggested the garage dimensions be changed and pushed back on the lot. Kozicky noted a portion of the garage is for laundry room and entry improvement. It was clarified that while the family room and deck have been reduced in size, the deck had not been previously included in the calculations. A deck located 6' above grade should be included in the calculations. Schroeder asked how the structural coverage compares with other homes in the neighborhood. Van Zomeren said the property currently has the least amount of hardcover. The improvements would result in coverage similar to other homes. • Acknowledgment letters signed by neighbors were noted. 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 • (#4 - #2214 Carmen and Richard Kozicky - Continued) McMillan inquired if there would be room for storage in the garage. Kozicky said he allowed 8 -9' for storage of his machinery. Commissioners discussed the amount of structural coverage. It was noted that the applicant had revised his plans consistent with the direction given previously by the Commission. Lindquist moved, Stoddard seconded, to approve Application #2214 with the notation that the Planning Commission recommends no further structural coverage be allowed on the property. Vote: Ayes 3, Lindquist, Stoddard, Schroeder; Nays 4, Hawn, Smith, Berg, McMillan. The applicant said he would revise the size of the garage. Stoddard suggested the garage be reduced by 6' in length. It was determined that the prevailing vote may request reconsideration of the application. Hawn moved, McMillan seconded, to reconsider the application. Vote: Ayes 7, Nays 0. • Stoddard moved, Smith seconded, to approve Application #2214 subject to a 6' reduction in the size of the garage per the survey and accompanied by a drawing. The structural coverage would be reduced to 19.63 %. No additional structural coverage would be allowed on the property. Vote: Ayes 5, Nays 2, McMillan, Hawn. Dissenting voters felt a 4% structural coverage variance is too high for a substandard lot. (#5) #2217 JOHN THIMMESH,1945 FAGERNESS POINT ROAD - VARIANCES - CONTINUATION OF PUBLIC BEARING 8 :25 -8:37 P.M. The Applicant was present. Van Zomeren reported that the applicant is requesting hardcover variance, structural coverage variance, and a rear yard variance to add a 18'x_31' storage addition to the existing garage. The application was tabled at last month's meeting to enable the applicant to consider whether he would combine the two lots. He has agreed to do so. Information provided by the assessor indicates there would be no tax consequence by doing so. This enables the applicant to use the total lot coverage for calculations. 7 • MINUTES OF THE ORONO PLANNING COMM%SSION MEETING HELD ON APRIL 21, 1997 ( #5 - #2217 John Thimmesh - Continued) Discussion at the last meeting involved concern that a future homeowner may add blacktop. Existing hardcover in the 75 -250' setback is 26.15 %. It is proposed at 29.40% for a 4.4% variance. Van Zomeren indicated the applicant would also like to maintain the shed. She noted the existing structural coverage is in conformance at 14.4 %. The addition will increase the coverage to 16.91% requiring a 1.9% variance. Removal of the shed would reduce that figure to 15.5 %. Van Zomeren said no permit was required when the shed was built. The shed does encroach the rear and side yards. There is no impact on the neighboring property but it does increase the hardcover. Van Zomeren said Staff prefers that storager areas be consolidated in one location. A 3.3' rear yard variance is also required. Mr. Thimmesh said he would prefer to keep the shed. He noted the shed's exterior matches that of the residence and is surrounded by a 6' fence. It is used for pool equipment and is in a convenient location according to Mrs. Thimmesh. Lindquist indicated the need to correct problems when the opportunity arises. There were no public comments. Van Zomeren suggested negotiating with the applicant regarding the 33 rear yard • encroachment. Thimmesh indicated shortening the addition would result in a lack of proportion. Hawn, Schroeder, and Smith agreed that the structural coverage should be reduced by the removal of the shed. The applicant agreed to remove the shed. Schroeder moved, Berg seconded, to approve Application #2217 with the condition that the shed be removed when the addition is completed. Vote: Ayes 7, Nays 0. (#b) #2221 SVEN A. WASBERG AND ARLENE DECANDIA, 3115 NORTH SHORE DRIVE - VARIANCESICONDITIONAL USE PERMIT - CONTINUATION OF PUBLIC HEARING 8:37-8:58 P.M. The Applicant was present. 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 0 (#6 - #2221 -Sven Wasberg and Arlene DeCandia - Continued) Van Zomeren reported that the application is for a conditional use permit and variances to remove an existing residence and construct a new residence. There is a lagoon on the property that is regulated by the Shoreland Ordinance. The CUP is necessary for excavation and fill within the 75' setback area. The building footprint is forward of the 75' line. The lot does not meet minimum standards for the LR -1B zoning district. The lot is ,439 acres and 80' wide. Hardcover currently exists at 32.73% in the 0 -75' setback where none is allowed. The existence of the property within the 0 -75' setback is a hardship. The 75 -250' setback allows for 25% hardcover. Existing hardcover is 46.81/o and is proposed at 46.9 %. The 250 -500' setback hardcover meets the requirements. Van Zomeren indicated the average lakeshore setback is unusual due to the location of the adjacent residences. She noted that the property owner to the east had objected to the height of the proposed residence at the last Planning Commission meeting. The side yard setback exists at 1 -1/2' and will be maintained at that distance. Van Zomeren reported that new information available has indicated the existing foundation will not support the design. A new foundation would result in the application being reviewed as new construction. While recognizing the hardship due to the lagoon, is Van Zomeren said Staff has difficulty in recommending approval of the application. Mr. Wasberg said he has not yet received the soil test to substantiate that the existing foundation will not support the structure. He reported that the hardcover will decrease with the new residence. Van Zomeren noted that the 6297 s.f of hardcover (32.97 %) in the 0 -75' setback will only reduce to 6265 s.f. or 32.75 %. Schroeder indicated his support if the residence was built on the existing site due to the hardships of the property. Lindquist asked if he understood it was new construction. Schroeder said he did_ Hawn noted the new structure would be two-stories. Wasberg said the residence would be 1 -1/2 stories in the front. The applicant has owned the property for eight months and has resided in the residence to the west of the subject property for two years. There were no public comments. Lindquist indicated the proposed structure is too large for the small lot and would like the plan to be brought in conformance. Van Zomeren brought attention to Exhibit K, a letter from the architect. The second paragraph reports the need for a new foundation. 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL, 21, 1997 • ( #6 - #2221 -Sven Wasberg and Arlene DeCandia - Continued) Stoddard said he would support the application if the existing foundation were used. If not, he asked that the residence be repositioned and made smaller. Wasberg said he would move the design back on the lot. He also indicated he informed the neighbor that he would plant a row of trees between their properties. Berg indicated the applicant should be able to move the proposed residence back behind the average lakeshore setback line. Lindquist suggested tabling the application to allow the residence to be redesigned for a smaller structure that could be placed further back on the property. Wasberg indicated he cannot pull the entire structure behind the 75' setback because he needs room to back a car out. Lindquist asked Wasberg to work with his architect on the design. He also asked the applicant to attempt to eliminate the need for a side setback. Wasberg asked for direction on how big the structure may be. After discussion, the applicant was informed to limit the structure coverage to 1500 s.f. Hawn suggested the structure be shifted so it lays perpendicular rather than parallel to the • shoreline. • Schroeder moved, Smith seconded, to table application #2221 for further review. Vote: Ayes 7, Nays 0. ( #7) #2221 JOSEPH VOCHKO, 2925 CASCO POINT ROAD - CONDITIONAL USE PERMIT - PUBLIC HEARING 8:58 -9 :08 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Van Zomeren reported that the application is a request for an after - the -fact variance and conditional use permit for the construction of a retaining wall and stairway. Hardcover variance is required for the wall in the 0 -75' setback and the CUP to alter the retaining wall. The work was stopped in progress. Letters from and to the applicant are part of the package. The resolution would allow the applicant to place random boulders. The engineering consultant recommended the boulders with caution as there is concern of movement with boulders. The proposed stairway is adequate. The resolution would include conditions 1 -5 as noted in the staff report. 10 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 ( #7 - #2221 Joseph Vochko - Continued) Mr. Vochko said the boulder wall was required for erosion control. He had thought the contractor had obtained the necessary permits. There had originally been a railroad tie wall. He did not wish to replace the same type of wall or block type as they would require geo -grid material. The boulders will follow the terrain of the hillside to produce a natural look for the purpose of stabilizing the hill. The applicant said he plans on adding low bushes. The Building Inspector and City Engineer came out to the site and asked his engineering consultant to anchor any boulders that might require additional stabilization. There were no public comments. Smith questioned whether the hill would still erode. Schroeder noted that engineers will generally not approve boulder walls. The applicant indicated that the hill as viewed by the Commissioners was not as planned as the work had been stopped in mid construction. He noted he plans on adding cedar chips and vegetation. Lindquist moved, Schroeder seconded, to approve the after- the -fact variance and CUP • subject to conditions #1 -5. Vote: Ayes 7, Nays 0. ( #8) #2225 JOHN THEOBALD, 4101 HIGHWOOD ROAD - VARIANCES - PUBLIC HEARING 9:0 &9:10 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present along with architect, Stu Hoarn. Gaffron reported that the application was a request for variance renewal for construction of a new residence to replace the existing residence. The variances previously granted and being requested are for street setback (25' where 30' is required), west side setback (9.5' where 10 is required), and east side setback (6' where 10' is required). Lot area variance is required from the 1 acre minimum for the 8550 s.f property. The lot width is 46-50' where 140' is the standard. A variance to allow 75 -250' hardcover of 1956 s.f. or 40% is requested where 1220 s.f or 25% is normally allowed. There are no changes to the application. Gaffron indicated Staff is continuing to work with the applicant regarding drainage on the property. Hoarn indicated the previous resolution asked for a grading plan which the applicant still intends to provide. • There were no public comments. 11 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 ( #8 - #2225 John Theobald - Continued) Smith moved, McMillan seconded, to approve the renewal variances. Vote: Ayes 7, Nays 0. (#9) #2226 JOHN AND SUSANNE KOOB, 3065 JAMESTOWN ROAD - CONDITIONAL USE PERMIT - PUBLIC HEARING 9:18 -9:25 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Van Zomeren reported that the applicant is requesting a conditional use permit to allow the construction of a 350' long and lU high berm to mitigate noise and views from the schools and athletic fields. It would also allow the residence to be screened from the concession stand and portable toilets. Van Zomeren said Staff recommends approval subject to a 3 :1 sloping of the berm. The berm will be landscaped with grass and trees. Due to the high volume of fill required, 3100 cubic yards, or 300 truckloads, it will take time to construct. The applicant has been asked to work out details with the homeowners association regarding the issue of the roadway. Koob indicated the school has granted permission for their fencing to be opened and have the trucks enter his property from the • school yard. Van Zomeren noted that annual reviews will be conducted until the completion of the berm in approximately 30 months. • Koob had no additional comments. Lindquist asked the applicant if he understood a renewal variance would be required if the work was not completed within the 30 months. Koob said he understood. McMillan asked what erosion control would take place during the construction period. The applicant said a bobcat would move the dirt in from the north. Lindquist asked that grass seed be spread annually. McMillan noted there are nursery crops available to stabilize berms. Koob agreed to this suggestion. Hawn asked if there would be a silt fence located at the bottom of the berm. Koob indicated the plan calls for a silt fence on the plan for erosion control. Schroeder moved, Smith seconded, to approve Application 42226 for a CUP for 30 months with annual reviews to construct the berm. The applicant is to work with Staff regarding landscaping and erosion control. A renewal variance would be required if the work was not completed within the 30 month time period. Vote: Ayes 7, Nays 0. 12 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 ( #10) #2227 GARY E. TUCKER, 3466 IVY PLACE - VARIANCES - PUBLIC HEARING 9:25 -9:30 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Van Zomeren indicated the subject property is located on Casco Point in the LR -1C zoning district. The applicant is proposing to construct a new deck on the lakeside of the residence and an entry over the front door. The existing sidewalk will be modified. An average lakeshore setback, hardcover in the 75 -25U setback area, and side yard setback variances are required. The deck will be accessed by stairs that will be located in front of the average lakeshore setback. Hardcover will increase 987 s.f in the 75 -250' setback from 32.26% to 34.3 %. Van Zomeren indicated Staff recommends approval of the application. She noted the side yard as the hardship. The structure is located in the average lakeshore setback and the deck will further encroach into the setback. Tucker reported that the sidewalk modification will allow the sidewalk to run to the front of the residence instead of the side. He indicated the slab located next to the house cannot be eliminated as there is foundation underneath the stoop due to an old wellhouse. • There were no public comments. Stoddard inquired if the neighbors have voiced any opinion. It was reported that the neighbors approved the proposed plan. McMillan moved, Stoddard seconded, to approve Application #2227. Vote: Ayes 7, Nays 0. ( #11) #2228 FRANK AND KATHLEEN ST. LAWRENCE, 253 CYGNET PLACE - VARIANCES - PUBLIC HEARING 9 :30 -9:33 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. • 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 • ( #11 - #2228 Frank and Kathleen St. Lawrence - Continued) Van Zomeren reported that the applicant is seeking a hardcover variance in the 75 -250' setback area and a front and side yard variance to building an addition to an existing residence. The property is located in the RR-ID zoning district. The subject property is 1.07 acres and does not conform to the minimum lot size or front yard setback for this district. The existing structure is 41' from the front yard setback. The side yard setback is proposed at 16.4. The existing structure is 31'. Van Zomeren noted that there are protected waterways to both the east and north restricting the amount of building pad on this property. The hardcover in the 75 -250' setback exists at 20.9 %. It is proposed to increase 174 s.f. to 25.9%. Acknowledgment forms have been signed by the neighboring residents. Van Zomeren reported Staff recommending approval or amendment. The applicant indicated there is an asphalt apron located where the addition is planned. The apron will be removed and the garage stall will replace it. There were no public comments. Hawn moved, McMillan seconded, to approve the variances for Application #2228. Vote: Ayes 7, Nays 0. • ( #12) #2229 CHARLES AND PAMELA SCHROEDER,1925 WEST FARM ROAD VARIANCE - PUBLIC HEARING Hawn moved, McMillan seconded, to table Application #2229 to the May 19 meeting at the request of the applicant. Vote: Ayes 6, Nays 0 (Schroeder abstained from this item). ( #13) #2230 GEORGINA HACKNEY, 2184 SHADYWOOD ROAD - VARIANCE - PUBLIC HEARING 9:35 -9:37 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Van Zomeren reported that the application is for side yard setback and hardcover variances to construct an addition to the kitchen and an improved stairway. The property does not conform to the minimum lot size requirements for the LR -1C zoning district nor meet the side yard or lot width requirements. The north side yard is proposed at 6.6' where 10' is required. Hardcover in the 75 -250' setback is proposed to increase from 25.06% to 25.38% for a 0.38 variance. No changes are requested in the 250 -500' setback. Van Zomeren indicated Staff recommends approval. • The applicant had no comments. 14 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 ( #13 - 42230 Georgina Hackney - Continued) There were no public comments. Stoddard moved, Smith seconded, to recommend approval of Application #2230. Vote: Ayes 7, Nays 0. ( #14) #2209 SPRING HILL GOLF CLUB, 700 SPRING HILL ROAD - VARIANCES /CONDITIONAL USE PERMIT - CONTINUATION OF PUBLIC HEARING 9:38 P.M.-12:24 A.M. Elizabeth Hawn abstained from the discussion. Gaffron brought attention to three additional items distributed at the meeting: 1) revised memo regarding the issues, 2) letter from Lee Frefich of the University of Minnesota regarding the Big Woods, and 3) letter from property owner Duncan Dayton. He noted the exhibits as indicated in the memo. Gaffron reported that the Medina City Council has conceptually approved their conditional use permit. The Planning Commission has reviewed the CUP /variance issues on three past occasions. The EAW comments have been received. The City's environmental consultant is currently reviewing the EAW. The Orono City Council is also currently reviewing the EAW comments and proposed • responses and will take action in the near future on the need for an EIS. The EAW information is provided for Planning Commission information only. Gaffron noted that the applicant's engineer has responded to many items since the original Staff memo. The revised memo handed out tonight contains recommendations on most issues identified to date. • Lindquist asked Gaffron review the Staff memo step by step. Representing the applicant were Jack Morrison, a founding club member, Attorney Tom Crosby of Faegre Benson, and Project Manager and Superintendent Tim Johnson. Jack Morrison asked to clarify certain points. He indicated it was their desire to build the course and their belief that it is the best option for the property. He said it is unlikely that the property will be left undeveloped. He brought attention to the letter by property owner, Duncan Dayton, stating the golf course was the best use of the property. Dayton also stated in the letter he would not donate the property nor grant conservation easements over it. 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 •( #14 - #2209 Spring Hill Golf Club - Continued) Morrison said they agree with the variance requirements as recommended regarding the maintenance facility, changes to the course in the bluff area, changes for the golf cart path, and the 5:1 mitigation of wetlands. He indicated 11 plans were reviewed for the course. It is their belief that compromises made to holes 7 and 1 I are best for the Big Woods themselves. He noted that the 9th hole is a non - returning hole. They reduced the length of the course by 400 yards. These changes benefited the Big Woods according to Morrison. He indicated that 50% of the Big Woods will be retained, much more than in some of the earliest layouts considered. Morrison noted the comment made in the letter from Lee Frelich of the University of Minnesota regarding the Big Woods being less significant than Wolsfeld Woods and Wood Rill. He ensured that they will cooperate regarding a trail system south of Tamarack on the east side and along the golf course perimeter on Spring Hill Road. Morrison indicated the access has not yet been determined. It is their preference for the entry on Spring Hill Road, but they will acquiesce to an entry on 6th Avenue North if the City so chooses. Morrison said he is concerned with the timing of the project. He indicated in order to replant the large number of trees, it would be necessary to begin in June if not earlier. • Tom Crosby oted the need to work out a few details. He indicated the were in Y Y agreement with the Staff recommendation with the exception of one or two points. Lindquist said he preferred comments be made on each point for the public present. • Gaffron proceeded to review each of the issues as addressed in the 4/18/97 memo revision, noted as Exhibit A. The Commissioners were polled at the end of each issue to determine their agreement regarding the Staff recommendation. Gaffron reviewed the comments regarding (I) Zoning Conformity. He noted rezoning is not required but conversion back to a conference center use is unlikely noting there is no City sewer or water. Staff recommended if the golf course is approved, the easterly portion of the site currently zoned RR- 1B -i should be rezoned to RR -1B. Commissioners were polled 6/0 in favor of the recommendation. Schroeder noted the intention of the property to remain a golf course. Crosby indicated the restrictions to the seller regarding the use. Schroeder noted the golf course bylaws also state its intention. Gaffron reported Staff recommendation regarding (II) Legal Combination as stipulated in the memo. Commissioners were polled 6/0 in favor of the legal combination of the individual tax parcels. 16 • 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 ( #14 - #2209 Spring Hill Golf Club - Continued) Gaffron reported Exhibits B and C detail the bluff impacts as noted under (III) Environmental Impacts, (A) Bluff Impact Variances. There will be less tree removal than previously planned, the cart path will be relocated, the visual impact will be minimized by movement of the road more to the north and with screening. Gaffron read the Staff recommendation with conditions 1 -3 as noted in the memo. Schroeder noted that the bluff was man-made. Gaffron said the there was originally a bluff located there, and it was enhanced by excavating the gravel pit. He informed Schroeder that plantings will stabilize the bluff from an erosion standpoint. Smith inquired about the construction of retaining walls. Tim Johnson said there will only be retaining walls on the tees in the bluff area. Excavating boulders will be used for retention to maintain the slope. Gaffron noted retaining walls will also be used with relocation of the driveway. Johnson said the partial retaining wall will be on the entrance road and made of a keystone type. Commissioners polled 6/0 in favor of the Staff recommendation. Regarding (1118) Wetland Impact Variances, Gaffron reviewed the applicants rationale for the proposed impacts to wetlands #5 and #12 based on the minimum fairway widths and lengths in providing playable golf. Johnson reiterated how the holes are played. Schroeder stated while filling is occurring, mitigation will also occur as well as creation of new wetlands, buffers, and an easement placed over portion of the Big Woods on hole #9 for drainage protection. The 5:1 mitigation replacement ratio will occur on site. Gaffron indicated a revised buffer width will meet the 26' separation requirement. Council and MCWD approval is required. McMillan asked if wetland credits would be stipulated if the trail was constructed. Gaffron said it was possible. The trail has not been laid out. He noted the trail may not be appropriate where wetlands are located. Morrison agreed to using part of the mitigation for a trail. He noted fill would be required within the right -of -way for hole #7 on Tamarack. Lindquist asked if the trail was placed along Spring Hill Road from Wood Rill to Wolsfeld Woods, whether it would be mitigated. Marshal Braman said the sequencing process would have to be followed showing the need for it. Safety reasons would have to be cited. This would include a 450' strip along the road dependent on how it is constructed. Schroeder asked how much mitigation would be lost if trails were the goal. Braman said it would depend on the design but at a 2:1 mitigation ratio, he estimated it to be 9000 s.f. 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 • (# 14 - #2209 Spring Hill Golf Club - Continued) McMillan said her intention is not to design the trail but would like to see the credits stipulated. Morrison said they are willing to do so. Smith inquired what the shoreline of the wetlands would look like. Braman said the southern wetlands will be a wetland/NURP pond combination. He noted the other wetlands have been drained previously. Weir structures will be built to retain water. He indicated there were a number of different types of wetlands. The DNR wetlands have cattails. Some have reed canary grass. When water is restored, the grass will be eliminated and cattails restored. Braman said newly created wetlands will have cattails and some lily pads. The edges will transition into a buffer of native prairie. It is their intention to use natural vegetation. Johnson said the grass will not be mowed to the water's edge. Gaffron noted that proper erosion control methods will be required. The wetland impacts are subject to the MCWD and Corp of Engineer approval. The Commission were polled 6/0 in favor of Staffs recommendation as noted in the Staff memo. • (MC) Big Woods - Lindquist read letters into the record. The letter from Lee Frelich of the University of Minnesota stated that the Big Woods portion in Orono is not primary (virgin) forest. He noted the species present of 60 -100 year old trees, 8 -24" in diameter. The older trees present were found to be in poor condition. He concluded that the area was reforested about 80 years ago. There is evidence of minor canopy disturbance. The flora is low in diversity and abundance and similar to what is found in cattle land. Frelich said the primary forest is found in Wood Rill and Wolsfeld Woods. The letter from property owner, Duncan Dayton, reiterated his ownership and use of the land for a golf course versus development. Gaffron reiterated the discussion on site and in the memorandum. The applicant has attempted to limit the impact. Comments from the EAW note the uniqueness of the property in its relationship to Wolsfeld and Wood Rill, though less significant than either. Gafl'ron indicated the City has limited control over the disposition of the land. Gaffron said a CUP approval condition could be stipulated allowing no grading within the Big Woods, or the CUP could possibly be denied, if Planning Commission concludes that the Big Woods acreage must be preserved intact. Gaffron noted there apparently are a number of private groups attempting to suggest or promote alternative uses for the site. He indicated, however, that if the golf course was found to be an inappropriate use, the expectation is that the land will be developed for residences. 18 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 0 ( #14 - 42209 Spring Hill Golf Club - Continued) • Gaffron asked Commission to assess all relevant information in reaching a conclusion regarding the Big Woods. Lindquist confirmed the Big Woods as being a sensitive issue. He asked for comments noting the information and letters received. Richard Krueger noted that all environmental agencies that have made comments have noted the sensitive area. He asked that any decision not be made in haste. Krueger believes an EIS should be considered and supported such a study. He asked whether the applicant had considered a nearby farmland for use as golf holes currently planned for the Big Woods area. Stoddard saw the issue of weighing the impact of a golf course with that of residential development. He would like to see a further review of spring emergent vegetation. Stoddard noted he did not believe an EIS was necessary. Tom Crosby said he has scheduled a meeting with the DNR to discuss the letter from Frelich in order to gain some common ground. Chuck Plante said it sounds that a residential subdivision would automatically occur if the golf course was not constructed. He noted there is currently no proposal forward for a subdivision in the Big Woods, and it would have to follow the same process. Krueger was informed that the minimum lot size for the property is 2 acres. Schroeder indicated an EAW would not be required for a subdivision that is less than 80 acres. While lot sizes would be considered, a subdivision itself could not be denied. Krueger asked if zoning could be changed. Schroeder noted it would require going through the rezoning process. Smith suggested a cluster housing with a park area might save the Big Woods. She was informed that two- thirds of the Big Woods are in Medina with only 15 acres in Orono. Crosby indicated that Medina requires 2 acres of "dry buildable" and with the types of soils present, 5 acres would probably be required for each lot in Medina. Gaffron noted if a proposal for subdivision was made north of CoRd 6, at best only 8% could be saved for park land considering the Park Dedication guidelines. A subdivision would be required to meet setbacks, wetland impacts, and other guidelines. He indicated any new tree ordinance the City adopts in the future will not affect this application. 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 • (# 14 - #2209 Spring Hill Golf Club - Continued) Mr. Alshouse, 1300 Willow Brook, said he shares the concerns of the neighbors regarding the Big Woods and wetlands. He said it is heavily forested, and he cannot see across it past mid -May. He feels the flora and wildlife adapt to humans. While he may like it to remain as it is, he said he expects change to occur. Alshouse said he prefers a golf course to housing and septic systems. He believes a golf course will maintain more of the woods than with housing. Smith noted that a 4.6 acre parcel is the largest piece of contiguous treed area saved. She questioned whether there could be a plan that might save additional trees. Crosby indicated that the trees on the property connect to larger treed areas outside of the property. Tim Johnson reported that several of the early plans had holes being closer in proximity. He said there are large strips of trees 20' to 100' between holes. Smith asked what maintenance would be performed on the trees. Johnson indicated dead branches will be removed as well as low branches that would affect play. • (HID) Gaffron highlighted the Alteration of Wildlife Habitat and Movement Corridors. No recommendation was made (HR -1 Drainage) Gaffron reported the City Engineer has reviewed the proposed improvements related to stormwater quantity and finds them acceptable from an engineering standpoint. He indicated an Orono Storm Water Management Plan is currently being prepared. Gaffron said the issues noted can be resolved. Conditions were placed on the Staff recommendation. McMillan commented on the irrigation pond whether it was for aesthetics and whether the water would be fresh or recycled. Concern was expressed over build up of nutrients. Braman said while previous discussions have been held with the DNR, he has not passed on further information since their submission of EAW comments. He said aesthetics is not the reason. Braman said permits have been discussed, and Ceil Strauss of the DNR had indicated she saw no problems. Braman said the salt count is low and should percolate into the soil. McMillan voiced concern if drainage easements are not secured for neighboring properties. She noted the DNR recommended easements over Spring Hill and Long Lake Roads. Gaffron indicated the property to the south is owned by the applicant. He said there should be no change in the rate of flow to show the need to create corridors. Gaffron said it would be appropriate for the City to obtain easements for areas impacted and a MCWD easement where needed. 20 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 ( #14 - #2209 Spring Hill Golf Club - Continued) Crosby said they agreed to grant easements over property in Medina and would do the same with Orono. He indicated he also has discussed possible backup onto the Krueger property and plans on obtaining easements. Braman said the water flow rates would be maintained or lower indicating the water quality would be improved as it leaves the site. Commissioners agreed 6/0 in favor of Staff recommendation. (H EE - 2 Wetlands) Gaffron indicated the applicant has met with Mr. Kreger regarding wetland # 17 impoundment. They have agreed to construct a weir that is changeable. Braman said the water level should be raised by 1. As part of the developers agreement, if that does not occur, a stop block could be removed for a 75 -80% flow maintenance. Kreger said he was satisfied if the conditions are written into the developers agreement. If the flow does not occur, Krueger does not want to have to go through a complicated review process but simply correct the problem. Gaffron said this could be done but would require MCWD approval. Commissioners were polled 6/0 in favor of Staff recommendation. (I E -3) Water Quality - Gaffron reported that the City Engineer has reviewed the water • quality assumptions used in the applicants report and has preliminarily indicated some concern with the total reliance on NURP ponds for water quality management. The concern is that nutrients in golf course runoff are soluble and may tend to not settle out but be discharged. One way to reduce this concern is through mowing and removal of clippings. The Engineer has also requested additional information regarding the types of turf grasses to be used. This information has been provided along with a proposed turf management program to reduce the amount of excess nutrients leaving the site. Gaffron indicated he has not reviewed this information with Marshal Braman. It also requires review through the MCWD process. Staff recommends withholding of approval on the water quality issue pending further recommendations from the City Engineer and MCWD approval. Commissioners agreed with Staffs recommendation. (IMF.-4) Hardcover Calculations - Gaf&on indicated the calculations for the site are within the City hardcover ordinance. (IIIF) Septic System - Ken Adolf of Schoell and Madson reported that another site is being considered for the septic system for the maintenance facility. The rest station and maintenance facility were originally planned to share a drainfield. They will now be separated. This will result in a reduction to the size of drainfield allowing it to fit east of the maintenance facility. 21 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 ( #14 - #2209 Spring Hill Golf Club - Continued) Gaffron said the drainfield area designated on the site plan is suitable for a single mound system. A secondary site will need to be located elsewhere outside that designated area. Schroeder inquired about the septic system for the main club house. Gaffron said the existing conference center septic system will be used and is adequate. Gaffron reported Staffs recommendation is for approval conditioned on receipt and Staff approval of the maintenance facility site evaluation plan. Commissioners agreed 6/0 in favor of the recommendation. (MG) Ground Water - Gaffron indicated water supply is not anticipated to be a problem for the site. The existing well is 178' deep, cased down to 143. An EAW comment requested the applicant be required to perform ground water modeling studies to predict the impact of the golf course's irrigation water appropriations on the local water supply. Gaffron felt it was appropriate to address this issue. Hydrologist, Ken Adolf reviewed the expected impact from the existing irrigation well on the south side of the conference center. The analysis had assumed a 750 gpm radius, although the well is rated at only 500 gpm. The influence would be a radius of 950', and • no wells are located within that distance. He indicated a majority of neighboring wells are bed rock wells. A drift well is to be used for the irrigation system. The result is that there will be no influence between this well and other wells. Braman commented on the depth of the well. Hennepin County staff had noted a discrepancy in the reported well depth. While the well was drilled to a deeper level, it was found that formations higher up were better and the well was grouted to make use of the shallower aquifers. Commissioners accepted applicants information as fulfilling the Staff recommendation. (EM) Storage of Fuels and Agricultural Chemicals - Gaffron reported an above- ground fuel storage system will be installed at the site meeting all pertinent code requirements. Class I and Class II chemicals will be stored in this secured building and labeled "caution" and "warning ". These chemicals are used for plant protection, regulators, and chemicals typically used for golf courses. Schroeder inquired how much chemicals would be used or budgeted for use. Tim Johnson said their budget is $20,000- $40,000 per year. isCommissioners agreed 6/0 with Staff recommendation subject to appropriate permits. 22 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 (#14 - #2209 Spring Hill Golf Club - Continued) (IV) Infrastructure /Comprehensive Planning: A Maintenance Facility Access Location - The access location has been moved northward 200 -300' of the intersection. Staff recommends the revised location. Commissioners agreed 6/0 with Staff recommendation. (IV -B) Clubhouse Access Location - Gaffron indicated the access to the club house has been an issue of discussion. Staff recommends a new driveway access onto Spring Hill Road subject to closure and removal of all current field entrances and driveways abutting the site on CoRd 6. Hennepin County agrees with this recommendation. The goal is to limit access on arterial roadways. Eleanor Winston, 765 Spring Hill Road, said she preferred access to be from CoRd 6 in order to preserve the quality of Spring Hill Road as a walkway. She also indicated there is a blind comer on North Stream Road that would present a hazard with another road coming off of it. The road would also require improvements which would change the character of the road and that of East Long Lake Road. Winston asked where an access would be located on CoRd 6? Jack Morrison said they need the entrance as it is located and prefer Spring Hill Road for • the access but are able to wind the driveway to CoRd 6. • Commissioner Smith said she would prefer CoRd 6 as the access. She asked what the argument was for use of Spring Hill Road. Greg Gappa said he met with Hennepin County representative, Dave Zetterstrom. The existing entrance on CoRd 6 would have to be moved to the west. He noted the road is coming upgrade and around a curve and would not be adequate for an entrance. Smith inquired if the shoulder could be used. Gappa said there was still a problem with sight distance. Schroeder noted the current entrance is poor. Gappa noted Hennepin County's opposition to the entrance on CoRd 6. They would like it to remain an arterial roadway with limited access. Smith argued that it would move additional traffic to roads that are not adequately built for traffic. Winston said the best option would then be across from North Stream. Gappa noted there is a valid reason for an off -set entrance due to the wetland. He indicated there would only be a few cars coming from the west. The few that use Long Lake Road would use it anyways. The majority of people will be coming from the east. Smith asked for additional comments regarding traffic. 23 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 • ( #14 - #2209 Spring Hill Golf Club - Continued) Morrison noted the number of people that use Old Long Lake Road is small. Braman said the East Long Lake Road project showed a peak p.m. traffic count increase of 10 cars. The average daily traffic would increase 50 vehicles per day. Winston said she felt people would learn how to use the short cut. Morrison said he thought people coming from the east would use Hwy 101 to CoRd 6. Braman indicated the base traffic on CoRd 6 showed an additional 163 cars per day. Mayor Jabbour indicated the facts under review are based on the business plan which indicates 185 members. He questioned if the club were to change, membership would rise, resulting in a more active club. This would indicate CoRd 6 for access versus Spring Hill Road. Staff was asked to remark about left hand turns for egress versus a left turn to egress Spring Hill Road. Cars would still be required to make a turn off and on CoRd 6. Gappa said the rationale would be limiting movement off and on CoRd 6. Sight distance was also noted to be a problem. As a side note, Gappa noted that there is also a concern about sight distance on Tamarack. Elimination of the field driveway just east of Tamarack would greatly improve the sight • distance. Winston said there would also be a safety issue regarding speed. She felt the entrance to Spring Hill Road would not create additional distraction. Gappa agreed that there would be problems with entrancing on CoRd 6. • Morrison said an entry off of CoRd 6 would be limited to only a small change in movement east or west due to the placement of the golf holes. In response to the comment about membership, Morrison said the facilities are designed for 185 members and bylaws state 185 members. Lindquist noted a typical golf course has 300 members. Gaffron asked if the Staff recommendation should be sent forward to the Council. Schroeder said he would support the County recommendation. Smith said she was undecided but would prefer CoRd 6. Lindquist said he was also undecided but leans toward use of Spring Hill road. Stoddard, Berg, and McMillan agreed with Lindquist. 24 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 • (# 14 - #2209 Spring Hill Golf Club - Continued) (IV - C) Spring Hill Road Condition - Gaffron reported the City Engineer has indicated that the condition of Spring Hill Road and East Long Lake Road warrant more than normal maintenance. He recommends Spring Hill Road be overlayed at the expense of the Spring Hill Golf Club. Staff recommends the overlay. Commissioners agreed 6/0 to the Staff recommendation. (IV -D) Intersection Upgrades - Gaffron reported the City Engineer has indicated that Hennepin County should determine whether intersection upgrades, including turn lanes, are needed at the 6 /Tamarack and 6/Hunter intersections as a result of this development. If so, the Engineer recommends those upgrades be assessed to the development. Staff is meeting with Hennepin County to review this issue. Gappa indicated a bypass lane was recommended by the County for 6 /Spring Hill Road. He is in favor of a turn lane at 6 /Tamarack. Staff agreed with the recommendation made by the County. Council should determine who will pay for the turn lanes as a policy issue. Commissioners agreed 6/0 with Staff recommendation. • (IV -E) Trail System - Gaffron indicated no specific trail design has been created for Tamarack or Spring Hill Road. Lindquist suggested the Park Commission make this determination. Park Commission Vice Chair Susan Wilson reported the Commission is interested in pursuing a trail to connect Wood Rill and Wolsfeld Woods. She indicated the applicant is not interested in the trail going through the golf course but along the perimeter only. Wilson said she is meeting with representatives of Medina next week regarding the issue for a walking trail. She noted a bike trail is planned for Spring Hill Road and could be used as a connector to a walking trail. Wilson commented on two properties that may be subdivided in the future on the west side of Tamarack resulting in Park Dedication fees. She noted an option to make plans and wait until the property is developed or construct a trail when the road work is done. She said she would meet with Staff regarding the issue. Wilson noted the limitations to the amount in the Park Dedication Fund. Schroeder inquired how Tamarack would be connected with Spring Hill Road. Wilson said she envisioned this to occur across CoRd 6. He was informed that the golf cart tunnel would not be used. Wilson noted there is a pattern of use as a walking trail on the • properly now. 25 C� MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 { #14 - #2209 Spring Hill Golf Club - Continued) Smith suggested a combined use noting the Luce Line trail goes through the Wayzata County Club. Morrison commented that the Luce Line does not cross the playing area as it would have to in this case. Morrison said they are willing to work together regarding a trail. Staff recommendations are pending. (IV -F) Utility Needs - No Staff recommendation. It was noted that the site will not be provided with municipal sewer or water. (IV -G) Tunnel Under CoRd 6 - Gaffron reported there are a number of issues regarding the tunnel. One issue is elevation. Another issue is City participation regarding partnership with responsibility of tunnel. Gaffron said the City recommends the developer be responsible for maintenance. Gappa said the County will not have long term agreements with private developers. He indicated the need for a developers agreement. Hennepin County will conduct annual inspections. • Schroeder inquired if the tunnel would be a concrete culvert. He was informed that it would be and built to required standards. The tunnel will be a 12'x8' rectangle. There are no Staff recommendations at this time. (V) Impact of Foregoing Alternative Site Uses Gaffron reported that the golf club use will not generate Park Dedication fees because it is not a subdivision. He said City Attorney Radio indicated there is no legislation by which to collect such a fee. Gaffron said a park fee could be requested on a voluntary basis. (V -A) The net developable acreage is 137 acres for a possible 55 lots. (V -B) The City share of the annual tax base for 55 homes is $82,000. The City portion of annual taxes received from Woodhill Country Club is $6,500. The City portion of annual taxes received from Wayzata County Club is $15,900. (V -C) While no park fee is charged because the golf club is not a subdivision, the park fee per lot based on 55 lots would be $362,000 or $6,600 per lot. This is a significant loss in potential park fees because of the proposed use. 26 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 (#14 - #2209 Spring Hill Golf Club - Continued) (VI) Other Impacts - A - Gaffron reviewed the archaeological/historical site evaluation as noted in the Staff memo. No recommendation is necessary. Two areas of potential archaeological importance, both historic habitation sites, will be investigated this spring. Braman said the investigation will start soon. One location is a turn -of -the- century home found on the west side. The other is a rock foundation, somewhat older in age, found on the east side. These sites will be registered if found significant or otherwise be eliminated. If found significant, the process is to catalog the materials and then excavate. (VI -B) Aesthetic impacts -1) The architectural style of the proposed clubhouse is residential in character. The existing conference center building will be remodeled. The design is relatively compatible with its rural residential setting. The maintenance building, while not architecturally compatible, will be screened from view. (VI -B -2) Lighting - The intention of the applicant is for minimal lighting of the site as necessary for safety and function. City codes require lighting be diffused or directed away from residential areas and streets. A lighting plan will be required. Staff's recommendation includes a lighting plan provided by applicant prior to issuance of • building permit for Staff approval. Commissioners agreed 6/0 with Staff recommendation. • (VI -B-3) Preservation of Open Space - Gaffi-on reported that a tree policy by resolution was adopted in December, 1996. A depiction of the golf course has been provided but a final detailed plan is required. The views of the open space should be required to remain "available ", i.e. not masked by tall fences or berms. Staff suggests a low opaque, possible a split -rail fencing for the golf course if a fence is proposed. Gaffron said approval should be conditioned on limits being placed on the future use of visual barriers; none are proposed at this time. Tim Johnson said there will be vegetative barriers along the perimeter holes of the golf course, majority of which would be by holes #2 and #3 and the golf course perimeter; north of CoRd 6 to connect to the wooded areas, and along the maintenance facility. Trees will be removed from the areas around holes #5, 15, and 16. A holding nursery will be located by the clubhouse if the trees cannot be directly replanted. Lindquist asked if there was a specific plan for tree replacement and removal noting the applicant planned on marking all trees. Johnson said they normally locate the area that encompasses the location for the trees. Lindquist informed Johnson that a detailed plan would be required. 27 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 0 ( #14 - #2209 Spring Hill Golf Club - Continued) (VI -C) Site Activity Impacts -1) Maintenance Activity - Gaffron noted the immediate impacts on the neighborhood of the maintenance building may include noise, vibration, odors, lights and activity by vehicles and equipment at differing hours that are generally not associated with a residential neighborhood. The closest residence is about 200' to the west. Staff recommends approval subject to compliance with City's ordinances regarding noise, vibration, odors, lighting, etc. Commissioners agreed with recommendation 610. (VI -C -2) Clubhouse Area Activity - Gaffron reiterated the clubhouse activities as noted in the memo. Circumstances where higher levels of activity might occur is also noted. Staff recommends approval be conditioned on the requirement of a new CUP if future changes in the level of activity at the site occur or if the course is converted to a public golf course. Berg inquired if dinners or banquets would be held. Morrison said sandwich -type offerings would be available. They don't envision use of the facilities by organizations. He was unable to answer whether a club member would be able to hold a function such as a wedding at the facility. The facility would be closed to lunches during the winter months. An indoor practice facility would be open during the winter, Tom Crosby said they would agree to a level of activity as prescribed by the City. • Commissioners agreed with Staff recommendation 6 /0. (VI -C -3) Seasonal Use - Schroeder inquired if cross country skiing would be allowed. Tim Johnson noted a problem with turf damage during the first and last snows as well as a liability issue. Morrison said they did not intend to allow the course be used for such activity. Staff recommends the applicant define the level of activity occurring in the winter months and what security measures will be taken. Commissioners agreed with recommendation 610, (VI -D) Amenities - Gaffron reported amenities will include 4 guest rooms in additional to kitchen facilities and locker rooms. Parking will be provided for 125 cars; 60 stalls are required. A rest station with toilets and a concession stand is proposed north of CoRd 6 tunnel. Commissioners recommended screening of the concession stand to lessen the possibility of creating a public nuisance from CoRd 6. The site plan calls for remodeling of the current building with some additions and replacements. These improvements must meet setbacks and go through the building permit process. • 28 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 ( #14 - #2209 Spring Hill Golf Club - Continued) (VI -E) Land Alteration CUP - The goal regarding the significant movement of earth is to avoid transporting materials on or across area roadways. Most grading will be conducted the first year and then reseeded. Gaffron indicated Staff recommendations with conditions 1 -6 as noted in the memo. Commissioners agreed 6/0 with Staff recommendation and conditions. Lindquist asked if there were any additional public comments. There were none at this time. Schroeder asked if the applicant considered a trail all along the perimeter to the north. Krueger noted there is currently a bridle path on the east side to CoRd 6. Wilson questioned how it would connect. Schroeder suggested connecting back to the tunnel and making two tunnels in the same cut. Wilson indicated people would then walk out onto the golf course itself. Morrison said it would be difficult to envision the use of the course with walkers on it. He also saw difficulty with the public using the concession stand. Braman said the slopes of the land at that point would not allow people to get back off the course onto the public roadway. Gaffron reported the MCWD review will begin once Planning Commission approval is granted. Gaffron asked for action and conclusions. Schroeder indicated the action and conclusions are as previously noted. Crosby asked that the approval be subject to the comments made. Schroeder moved, Lindquist seconded, to approve the conditional use permit with recommendations as discussed and embodied within the document with the exception of specific recommendations regarding the entrance. Pending recommendations are as noted. Trail location to be determined by Park Commission. Drainage easements on ponds and drainage ways will be required. The Krueger pond level resolution is required to be part of the developers agreement. Clubhouse access location, Spring Hill Road condition, and intersection upgrades will be deferred to council. Tunnel requirements will be determined by Staff and Hennepin County. Recommendation regarding Park Dedication fee is deferred to Council and Park Commission. Activity levels are to be listed out by the applicant. Bylaws of the golf club are to be submitted to the Council. Appropriate agencies approval is required, and all of the above is conditioned on successful completion of the EAW process. Vote: Ayes 6, Nays 0. 29 • �JJ �J • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 PLANNING COMMISSION COMMENTS ( #15) REPORT BY PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS OF MARCH 24, 1997 AND APRIL 14, 1997 Lindquist noted the reappointment of Berg and himself to the Commission for a 3 -year term. ( #16) OTHER ISSUES FOR DISCUSSION The Commission members were invited to attend the Met Council Growth Strategy Meeting to be held May 14 at the Minnetonka Community Center. ( #17) PLANNING COMMISSION APPROVAL OF MINUTES OF THE MARCH 17,1997 MEETING Schroeder moved, McMillan seconded, to approve the Minutes of the March 17, 1997 Planning Commission Meeting. Vote: Ayes 7, Nays 0. ( #18) PLANNING COMMISSION TO SELECT REPRESENTATIVES TO ATTEND THE COUNCIL MEETINGS OF APRIL 28, 1997 AND MAY 12, 1997 April 28 - McMillan May 12 - Lindquist ADJOURNMENT Schroeder moved, Smith seconded, to adjourn at 12 :28 a.m. Vote: Ayes 7, Nays 0. r Dale Lindqu' , Chit P rson 30