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HomeMy WebLinkAbout02-16-1999 Planning Commission Minutes ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16, 1999 ROLL: The Orono Planning Commission met on the above date with the following members present: Acting Chair Elizabeth T. Hawn, Lili McMillan, Alternate Jeanne Mabusth and Alternate James White. The following represented the City Staff: Senior Planning Coordinator Michael Gaffron, City Planner/Zoning Administrator Elizabeth Van Zomeren, Assistant Zoning Administrator Paul Weinberger, and Recorder Lanette Wolf. Acting Chair Hawn called the meeting to order at 6:30 p.m. (#1)#2458 CITY OF ORONO,ZONING CODE AMENDMENT, LR-1C-1, ONE FAMILY LAKESHORE RESIDENTIAL SUBDISTRICT, SECTION 10.26, SUBD. 3. TO ELIMINATE THE ALLOWANCE OF A 50% INCREASE IN DWELLING UNIT DENSITY, FROM 2 TO 3 UNITS PER ACRE, 6:30 p.m. -6:55 p.m. Gaffron presented the staff report. He stated that the City Council adopted an interim moratorium in May 1998 temporarily suspending use of the 50% density credit in the LR-1 C-1 zoning subdistrict. This moratorium was established due to a development proposal that Council believed would add too much traffic to the local streets, and would add to the high volume of traffic that is already overburdening County Road 15. The properties zoned LR-1C-1 are located along County Road 15 in Navarre and adjacent to marinas on County Road 51 on Maxwell Bay. He said the existing neighborhoods surrounding these areas were developed prior to the City's adoption of the zoning regulations, and are generally developed much more intensely than would be allowed under the current zoning regulations. He said the Council is concerned that the current density credit language • does not provide sufficient discretion to the City to ensure a development is planned in such a way that it provides sufficient open space, landscaping and access options to somewhat balance the intensity of the surrounding development and minimize the traffic impacts. Gaffron displayed a map showing the location of properties that are zoned LR-1 C-1. Gaffron stated that the LR-1 C-1 density credit allows a 50% increase in dwelling unit density over the LR-1C District. The LR-1C District requires a minimum lot size of 1/2 acre, which translates to a maximum dwelling unit density of 2 units per acre. A 50% increase in density yields 3 units per acre. Gaffron said the number of multi-family dwelling units that might be developed or redeveloped in the existing LR-1 C-1 zones under the current code is less than 20. He said the City has provided for significant numbers of multi-family dwelling units in its Highway 12 Corridor. Gaffron said an alternative to total elimination of the LR-1 C-1 district is to retain the ability to use a PRD (Planned Residential Development)to enable clustering and attached units. This would allow up to 4 attached units and would retain the ability to have a variety of housing types, but at a lower overall density than the current code allows. Gaffron stated that staff has drafted two options. Option 1 would delete language allowing 50% density credit, add language specifically allowing attached dwelling units as a Conditional Use, but only if Council determines the PRD provisions are met, and add a provision to limit density to two dwelling units per acre. Option 2 would delete Section 10.26 in its entirety and rezone all properties in LR-1 C-1 to LR-1C. Gaffron stated that the property owners within the LR-1 C-1 districts as well as property owners within 350 feet of those districts have been notified by mail of this public hearing. There were no public comments • Page 1 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16, 1999 III Hawn stated that two letters were received from residents who were in favor of limiting the density. She said that the Commission members should consider whether they want to recommend a change. If they do recommend a change, will they recommend a change in which the zoning is reverted to LR- 1 C or will they consider some change to the LR-1 C-1, keeping attached housing as a viable alternative. Mabusth asked staff if this special section is needed because of the requirements made of a developer under Section 10.56, Subd. 19, regulations for development of PRDs within the Shoreland District. Gaffron said Section 10.56 is the Shoreland Ordinance and the PRD regulations within Section 10.56 would make it difficult to do a density that might be commensurate with the LR-1-C1 on a property located directly on the shoreline because it requires"tiering"which acts to limit overall density. Mabusth noted that the impervious surface standard is 50%for the total property and in the LR-1C-1 district, it says that beyond 100 feet there shall be no more than 35% impervious surface. Gaffron displayed a map showing the location of the property that would be affected by the Shoreland District standards. Mabusth asked if the Council specifically asked that the 50% density credit be removed. Gaffron said yes. McMillan asked for clarification of four attached units. • Gaffron said it would be a building having four separate dwellings in it with four separate entrances. Mabusth asked if staff received any phone calls from the property owners on the north side of Shoreline Drive. Gaffron said he received one call. White questioned Paragraph D. regarding the hardcover. Gaffron said that paragraph has not been changed since 1975. He said the Commission could take this opportunity to make it more consistent with the zoning in the rest of the City. It does conflict with the Shoreland District ordinance and Orono's hardcover ordinance which say that from 75'-250'you are allowed 25% hardcover. Hawn said it would be good to remove the 50% credit, but she would like to keep the opportunity for attached housing. Mabusth concurred with Hawn. McMillan asked about the duplex law. Gaffron explained the duplex law. White said he wants to keep the provision for attached housing. Hawn said it also permits the preservation of land area and limits hardcover. Hawn asked if the Commission members are in favor of eliminating the 50% credit. Mabusth said the Commission should follow the Council's direction and eliminate the 50% credit in the • LR-1 C-1. She thinks that attached dwellings would be allowed under other sections of the code. She said certain sections of this code may be in conflict with Section 10.56 of the Shoreland Ordinance. Page 2 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16, 1999 IIIGaffron said that this code would be superseded by the Shoreland Ordinance in the areas that are less than 1,000 feet from the lake. Hawn asked if this code should be reviewed based on the Shoreland Ordinance. Gaffron said this matter could be delayed for further review before the moratorium expires. Mabusth said it would be beneficial to look at Section 10.56 of the Shoreland Ordinance to see if there are some sections in the zoning code that are not needed. Gaffron said for purposes of that review, he would take some sample real properties within the district and show how Section 10.56 would apply and what then becomes possible under those standards. McMillan moved,White seconded a motion to table application#2458 City of Orono,Zoning Code Amendment, LR-1C-1, One Family Lakeshore Residential Subdistrict, Section 10.26, Subd. 3. to Eliminate the Allowance of a 50% Increase in Dwelling Unit Density from 2 to 3 units per acre. VOTE: Ayes 4, Nays 0. 2)#2459 CITY OF ORONO,ZONING CODE AMENDMENT, TELECOMMUNICATIONS ORDINANCE, 6:56 p.m. - 7:10 p.m. Gaffron presented the staff report. He said there is a need to clarify and correct certain provisions of Ord. #161, 2nd Series which was adopted in May 1997. Gaffron reviewed the impact of a list of • changes that were made to the ordinance. He said the impact of items 9 and 10 is that antenna structures are no longer allowed as a conditional use in the B-1 District and antennas are no longer allowed as an accessory use in B-1. These two items act to make all existing antennas in the B-1, B- 3, B-4, B-6 and Industrial district antennas non-conforming and make B-1 and B-3 antenna structures non-conforming. This is because no new accessory antenna provisions were adopted for B-1. He said that Section 3 of the proposed ordinance will take care of this problem by allowing accessory antennas and amateur short-wave antennas/towers in these"B"districts under the same conditions they are allowed in the Residential districts. Gaffron said the impact of item 11 is that Personal Wireless Service Antennas and Towers are allowed as a highly-regulated use in the B-1 and B-3 districts and also in the B-4, B-6 and Industrial districts if it is an accessory use in B-1, only when placed on a municipal structure, but there are no municipal structures in the B-1, B-3, B-4 or Industrial districts. He said Council's intent was to allow Personal Wireless Service antennas on the two City water towers. The Navarre water tower is in the LR-1 C district. The only municipal structure in B-6 is the well house. Since the City does not want a PWS antenna or tower on the well house, then this item should be dropped. Section 1 of the proposed ordinance deletes the portion of the ordinance that allowed PWS antennas and towers in the B districts. It also re-enacts the portion that adds qualifying language to the Public Services conditional use. Section 2 deletes the"Antenna Structure"conditional use from B-1 in the same way it was deleted in all other districts. Gaffron said the impact of item 14 is that existing Industrial antenna structures became non- conforming. He said that was not the intent and it is resolved by Section 3 of the proposed ordinance. Gaffron said staff recommends adoption of the proposed ordinance which adds the"Accessory Antennas"and "Amateur Short Wave Radio Antennas and Towers" provisions into the B-1 list of accessory uses, rescinds Section 8 of Ordinance no. 161 2nd Series and correctly re-adopts the first • Page 3 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16, 1999 • three provisions of Section 8, and adds the"Personal Wireless Service Antennas and Towers" provisions into the LR-1C list of accessory uses. Gaffron asked the Commission to comment on whether antenna provisions should be added to the B- 2 and B-5 districts. There were no public comments. Hawn asked if the Commission members wanted to comment on whether there should be changes made to the B-2 and B-5 districts. Mabusth said the question is whether such structures should be allowed in the Shoreland district. She asked staff to show the location of these districts. Gaffron displayed a map showing the B-5 and B-2 districts. White questioned whether B-5 and B-2 districts have no antennas controls or they are not allowed any antennas. Gaffron said they are not allowed in the B-5 and B-2 districts. If they are allowed, they need to be regulated. Mabusth asked if the structure could be as high as 65 feet. Gaffron said there are limitations and he is not sure if 65 feet would be the maximum allowed. • Mabusth asked what would be allowed if the code is amended. Gaffron said it would be same as the other B districts. White said he would not recommend a change in the B-2 or B-5 districts. Gaffron explained the height requirements. White moved, McMillan seconded, a motion to adopt An Ordinance Amending Orono Zoning Code Sections 10.25 and 10.40 and Amending Ordinance No. 161, 2nd Series Pertaining to Regulations for Construction and Placement of Telecommunication Towers and Antennas. VOTE: Ayes 4, Nays 0. (#4)#2440 DALE GUSTAFSON, ON BEHALF OF ROBERT LUX, 1209 FRENCH CREEK DRIVE, VARIANCE, 7:15 p.m. -7:25 p.m. Dale Gustafson and Ed Suarez, Gustafson Design of Golden Valley, were present. Weinberger presented the staff report. He said this application is for variances to permit the construction of swimming pool and terrace area with a patio to the rear of the existing residence. The proposed pool would be located 28'from the rear property line. He said the lot is located in the French Creek Subdivision which was developed as a Planned Residential Development(PRD) south of French Lake. There is a 150' setback requirement from French Lake because it is a Natural Environment lake. The proposal would place the swimming pool and patio area within the 150' structure setback. The proposal meets all hardcover and structural requirements and it does not have 11111 an unfavorable impact on the neighboring properties. Staff recommends approval of the variances. He Page 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16, 1999 • said the applicant will be returning for a conditional use permit to complete a landscape pond at the north end of the property. Mabusth asked about the locations of the alternate and principal septic sites. Gustafson responded that the existing septic is located to the left side of the house. The alternate is in the front to the left of the driveway. Mabusth asked if the landscape pond has a purpose. Gustafson said there is a natural pond there now that must be realigned and the size adjusted because of the placement of the pool. Mabusth asked if the homeowners association has reviewed the landscape plan. Gustafson said the homeowner's association has seen the entire plan. There were no public comments. White said he had no questions. McMillan said that French Lake is an environmentally strong lake. She is in favor of the application despite the fact that it is within 150' of French Lake. She asked about the drainage for the pool water. Gustafson said it is a contained system. • McMillan said she has concerns about the pond because of its proximity to the lake. She does not object to the pool. Mabusth asked if a pool house structure will be necessary. Gustafson the pool equipment will be incorporated under the patio. White moved, McMillan seconded, a motion to approve Application#2440,for Dale Gustafson, on behalf of Robert Lux, 1209 French Creek Drive,for variances from the Natural Environment structure setback of 150' and from the rear yard setback requirement of 35' established by Resolution Number 1692 to allow a swimming pool and patio area to be located 91'from French Lake and 28'from the rear property line per the site plan dated January 21, 1999.VOTE: Ayes 4, Nays 0. (#5)JOHN ERICSON, SR., 1620 SHADYWOOD ROAD,VARIANCES, 7:26 p.m. - 7:38 p.m. John Ericson was present. Weinberger presented the staff report. He said the applicant is requesting variances to permit the construction of a 20' by 12' boathouse to be located 20'from the lakeshore of Lake Minnetonka. The applicant requests to replace a boathouse removed in 1981. On July 27, 1981 the Orono City Council denied after-the-fact variances to permit major structural repairs to a lakeside boathouse that existed on this property. Mr. Ericson had started repairs to the boathouse without obtaining permits for the work. A stop work order was issued by the City requiring Mr. Ericson to apply for variances to permit the work. At the time the stop work order was granted, the top story of the structure had been elevated and the foundation was removed from below. The Code does not allow major repair for non- . Page 5 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16, 1999 11111 conforming structures. They are allowed to continue until the useful life of the structure has been exhausted. Weinberger said that this application requires variances to permit a structure within 75'of the lakeshore and within the average lakeshore setback. It would also require a variance to allow additional hardcover within the 0'-75' lakeshore setback where no hardcover is normally allowed. Weinberger showed a diagram of the proposed boathouse. Weinberger said staff is recommending denial of the application based on no apparent hardship. Allowing development of the structure would be an adverse impact to Lake Minnetonka by compromising water quality and have a negative visual impact for adjacent property owners and from the lake. John Ericson talked about the City requiring him to remove the old boathouse. He questioned why the City allowed other structures to be built close to the shore and he cited examples. There were no public comments. Weinberger said the neighboring property owner, Dorie Finn, 1620 Shadywood Road, did contact the City and she said she was not opposed to the proposed boathouse. White questioned the size of the concrete slab. Ericson said there is an existing concrete slab. He questioned why the Council allowed a boathouse to be rebuilt on Casco Point. • Weinberger clarified why the Council allowed the boathouse on Casco Point to be rebuilt. He said the life cycle of the structure was not exhausted prior to the damage sustained in a May 1998 storm. Wind damaged the roof and deck,whoch would be allowed to be replaced with a building permit under normal circumstances. However, the deck replacement would be over a foundation that does not meet current building code standards. Therefore, the foundation was allowed to be repaired before the deck and roof were reconstructed. Ericson said he did not believe the life cycle of his boathouse had been exhausted when he was required to remove it. White said he is willing to make a motion to deny this application and Mr. Ericson will have an opportunity to present his case to the City Council. Hawn agreed with White and said there are two issues. One,was it a correct decision when Mr. Ericson was forced to tear down his boathouse in the first place, and two, is it appropriate to have new construction. White moved, Hawn seconded, a motion to deny Application #2453 for John Ericson, Sr., 1620 Shadywood Road, based on no apparent hardship that would require an accessory building to be located along the lakeshore and over another portion of the property.Allowing development of structure would be an adverse impact to Lake Minnetonka by compromising water quality by allowing new structure in the 0-75' lakeshore setback, and having a negative visual impact for adjacent property owners and from the lake. VOTE: Ayes 4, Nays 0. • Page 6 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16, 1999 • (#6)#2454 GREG AND MARCIA BARNUM, 150 MCCULLEY ROAD,AFTER-THE-FACT CONDITIONAL USE PERMIT, 7:39 p.m. -7:47 p.m. Marcia Barnum was present. Van Zomeren presented the staff report. She said the property has 179'on Bayside Road and the length of the lot follows McCulley Road. When the property was platted, the address of 150 McCulley Road was assigned; however, the front of the lot is the narrow end on Bayside and one of the issues to be addressed is whether or not to recommend that the address be changed. Van Zomeren said the applicant contacted Hennepin County and obtained a driveway access permit from Hennepin County. As the driveway was being installed, they discovered debris buried on the property. A land alteration permit is required because more than 500 cubic yards was disturbed. The City Engineer, Tom Kellogg, reviewed the plans. He questioned the purpose of the stockpile of dirt and he wanted to ensure that the septic sites were not disturbed. Van Zomeren said staff does not believe that the septic sites have been damaged or disturbed. Van Zomeren did not receive any public comment except from one neighbor who was concerned about the distance of the driveway located from the intersection.Access from McCulley Road is not feasible to achieve an 8% slope or less for the driveway. Sandy from Diversified Const. said the stockpile of dirt will be used for fill around the house. Mabusth asked when the applicant plans to get the building permit for the new residence. • Sandy said they applied for the building permit and it will be issued after this matter is settled. Mabusth asked if the applicant would have a problem with the Bayside address. Barnum said it would not be a problem. The entrance from Bayside is much more gradual than from McCulley. There were no public comments. McMillan said the driveway entrance from Bayside would be a much better option than McCulley. She said the applicant should not have to pay after-the-fact fees for this application. Van Zomeren said that the conditional use permit is needed because as the project progressed, more than 500 cubic yards of dirt was moved around. It is not known how much dirt would have been moved around for the driveway if conditions had been typical. The existing conditions on the site that were unknown led to the problem of the amount of soil that was being moved. David Dunn, a neighbor, said he feels another driveway on Bayside creates an additional traffic hazard. He asked if there could be additional signage for a hidden driveway. Mabusth said Bayside is a county road and Mr. Dunn should contact the County Highway Department regarding signage. White moved, McMillan seconded, a motion to approve Application#2454 for Greg and Marcia Barnum, 150 McCulley Road,for an after-the-fact conditional use permit for land alternation subject to: S Page 7 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16, 1999 ID1. Review of the septic sites to ensure that they were not disturbed. 2. Determine an end date for the stock pile. 3. Change the address to a number on Bayside Road (4760). 4. Applicant to obtain a land alteration permit. There should not be a double fee for the application. VOTE: Ayes 4, Nays 0. (#7)#2455 ROGER AND KRISTINE STRAUMAN, 123 CHEVY CHASE DRIVE,VARIANCE, 7:48 p.m. - 7:50 p.m. Roger and Kristine Strauman were present. Van Zomeren presented the staff report. She said the applicants are requesting a lot area variance to remove the existing residence and construct a new residence. The lot is approximately one-half acre. Staff recommends approval of the lot area variance. Roger Strauman said he has talked to the neighbors and they do not object to the proposal. There were no public comments. White moved, McMillan seconded, a motion to approve Application#2455, Roger and Kristine Strauman, 123 Chevy Chase Drive,for a lot area variance.VOTE: Ayes 4, Nays 0. I (#8)#2457 DAVID AND PAULA LINDBERG, 1392 BALDUR PARK ROAD,VARIANCES, 7:51 p.m. - 8:30 p.m. David and Paula Lindberg were present. Van Zomeren presented the staff report. She said the applicants propose to tear down the existing house and construct a new house and garage. The surveyor has submitted a revised site plan that would eliminate some the variances. One of the concerns that staff had is that the driveway was not sized to allow for an adequate back out area. The surveyor did redraw the driveway to provide the applicant with a better backing out area. All of the structural hardcover is located in the 75'-250' setback. Van Zomeren displayed the elevations for the proposed residence. The proposed residence is different that the O'Keefe proposal. The lot has the 0'-75' setback requirement on two sides. In this plan, the garage is detached and located closer to the street and more of the hardcover is put into structure rather than driveway. Structural coverage on this proposal is 4,804 square feet or 15.12%. The variances that this application would need are for hardcover in the 0'-75' setback for the driveway, and hardcover in the 75'-250' setback. Grading for the driveway would require a conditional use permit because it is within five feet of the property line. She also recommended that the conditional use permit language reflect that the topography be restored where the foundation is removed. The applicants had no comments. Julie and Mark VerSteege, neighbors to the north, said they want to make sure the runoff stays on the applicant's property, and does not drain into their basement. IIIMabusth asked if the applicants have submitted a grading plan. Page 8 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16, 1999 • Van Zomeren said the plan was submitted to Tom Kellogg, the City Engineer. He said to make sure silt control fences are used. The City Engineer's first review did not flag any major concerns. Mabusth asked if the surveyor has confirmed that there is no average lakeshore setback problem. Van Zomeren said yes. Hawn asked if the applicants have looked at reducing the structural coverage by 40 square feet. David Lindberg said they are willing to reduce the structural coverage. McMillan questioned the detached garage. Lindberg said an attached garage would require a larger driveway and additional grading. McMillan suggested repositioning the garage in order to reduce the slope and improve safety. Mabusth questioned why the O'Keefe application was so much lower in hardcover in the 75'-250' setback. Lindberg said the O'Keefe's had more driveway and a smaller garage. Mabusth asked how the other commission members felt about the hardcover in the 75'-250'setback. Hawn said this is a difficult site. She would like to see the structural coverage reduced by 40 square feet. liMabusth asked staff to review the variances that would be needed with the current plan. Van Zomeren said they would need a variance for the 0'-75' setback on the south side, a variance in the 75'-250' setback to allow 33%where 25% is allowed, a conditional use permit for grading within five feet of the property line and restoration of the topography. McMillan asked about the O'Keefe's plan and what the amount of hardcover was in the 75'-250'. Van Zomeren said it was 5,725 square feet. Mabusth asked if the garage design would match the house. Lindberg said the garage would match the house. Mabusth said the Commission would have a problem approving 33% hardcover in the 75'-250' setback. She asked about the hardcover that would result from the porches. Van Zomeren reviewed the square footage of the hardcover. She said they would need to reduce 1,000 square feet to meet the 25% requirement. Hawn recommended that the applicants reduce the size of the porches. Mabusth suggested that the applicants work with staff to reduce the amount of hardcover. McMillan said the hardcover for the driveway in the 0'-75' is a necessity. She wants to make sure the driveway is safe. In the 75'-250', she is inclined to approve something similar to the O'Keefe IIIapplication. Page 9 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16, 1999 • Van Zomeren said the hardcover required is a matter of design, not hardship. The porches contribute significantly to the hardcover number. Mabusth feels the design could be changed to meet the hardcover requirements. She recommended they meet with their architect and work on the design. Hawn told the applicants they need to meet the 15% structural coverage and reduce hardcover so that it is close to 30%. McMillan recommended they look at the design of the garage and driveway approach. She does not want them to eliminate hardcover in the driveway and reduce safety in order to add more building hardcover. Paula Lindberg asked if it would adversely affect their application to make a more gradual slope for the driveway. McMillan said she looks at the driveway as a hardship because she does not want them to have an unsafe driveway. Mabusth recommended they have their final grading plan ready when the application comes before the Planning Commission again. Hawn asked if the applicants need to give their permission to extend the 60-day time limit. Van Zomeren said staff would send the applicants a letter regarding extending the 60-day time limit. She wanted to make it clear that it is difficult for staff to advise applicants on the square footage that • might be approved because every variance is different. Hawn moved, McMillan seconded, a motion to table Application #2457,1392 Baldur Park Road, for variances and a conditional use permit until March 15, 1999. VOTE: Ayes 4, Nays 0. Recess, 8:30 p.m. -8:35 p.m. (#3)#2398,WAYZATA COUNTRY CLUB, 200 WAYZATA BLVD.W., CONDITIONAL USE PERMIT AMENDMENT, 8:35 p.m. - 8:50 p.m. Louis Oberhauser was present. Weinberger presented the staff report. He said the Wayzata Country Club has recently developed a master plan for the entire golf course. As part of the master plan, the Wayzata Country Club applied to the City for a Conditional Use Permit for reconstruction, relocation or addition of tees for each of holes #1-18 and reconstruction, relocation and addition of bunkers along fairways and around most of the greens. The third phase of the project is the expansion of three pond areas on the property. The City approved a conditional use permit to complete the work on the tee boxes and bunkers throughout the Country Club. However, the conditional use permit did not approve the plans for the ponds and requires the applicant to return with detailed plans for pond construction. Weinberger said the application is to expand the ponds on hole#6 and hole#12. Staff is concerned about the material that will be removed from the ponds. On hole#6, the dredging will result in approximately 17,000 cubic yards of fill. It will be stockpiled on the Country Club property. On hole #12, the dredging will result in approximately 5,500 cubic yards of fill which will be stockpiled. • Page 10 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16, 1999 • Weinberger said the DNR has stated they do not have any opposition to the proposed project, but have requested any additional drainage be diverted away from the Luce Line Trail. It is clear from the plans the total volume of the ponds will increase and drainage will not be impacted. Weinberger said that in addition to the conditional use permit, a variance is needed for grading within a City protected wetland on hole#6. He said the Minnehaha Creek Watershed district and the DNR have granted approval.A copy of the plans will be sent to the Corps of Engineers, but a permit is not necessary. He said that staff recommends approval of the application. Louis Oberhauser commented on the 10:1 sloping on the shoreline. He would like to work with the City Engineer on that because it is too shallow. Hawn asked if that is a city requirement. Weinberger stated it was a recommendation made by the City Engineer. He said the Watershed District has reviewed the plan and they would be comfortable in working with something less than 10:1. He said he has not shown Tom Kellogg a plan that would reflect a smaller area. The plan will go to Tom Kellogg prior to the application going to the City Council to see if he has any issues with a smaller than a 10:1 ratio. Mabusth asked to see how much of the designated wetland would be altered. Weinberger displayed a map showing the location of the wetland. Mabusth recommended a conservation and flowage easement over the designated wetland. • Weinberger agreed and stated the City would request when the application is before the City Council. Hawn asked if they will replant the periphery of the ponds and what material will be used. Oberhauser said they will maintain the fairway in the rough to the edge of the pond along the sixth fairway, but on the east side of the pond, they will leave a 20' natural buffer zone planted with trees and aquatic vegetation. McMillan asked if the stockpiles will be planted. Oberhauser said the stockpiles will be rough graded the first year. At the end of the first year, they will finish grade sod. There were no public comments. White moved, McMillan seconded, a motion to approve Application#2398, to amend Resolution#4146, a Resolution Granting a Conditional use Permit Per Municipal Zoning Code Section 10.03 Subdivisions 19-21, and approve a variance for grading within a City protected wetland on hole#6. VOTE: Ayes 4, Nays 0. (#9)#2460 CLIFF OTTEN/KRISTIN JACQUES, 3800 WAYZATA BOULEVARD, CONDITIONAL USE PERMIT, 8:51 p.m. -8:56 p.m. Rod Johnson, representing Cliff Otten and Kristin Jacques,was present. Kristin Jacques was also present. 411 Page 11 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16, 1999 Van Zomeren presented the staff report. She said the applicant is requesting a conditional use permit to operate a day care center for 45 children in a building that was previously approved for 60 children and 10 day care providers. The previous day care center ceased operation in October 1997 and a new conditional use permit is required. Van Zomeren said the site meets all the requirements under the code for a day care facility. They would be allowed an identification sign not to exceed 12 square feet. The staff recommendation is to limit the number of enrollees to 45 children at one time. The number of staff should correlate based on the licensing. The applicant should provide the hours of operation and the applicant is in the process of obtaining a license from the Department of Human Services. She said it is anticipated that this building will be removed when construction begins on Highway 12. Kristin Jacques stated they want a maximum of 60 children, not 45. The children will range in age from 33 months to age 11. Hawn asked if the parking requirements would change with a maximum of 60 children. Van Zomeren said that if seven or fewer staff are on site at one time, it would meet the requirement. She asked how many staff would be on site at one time. Jacques stated there will be three shifts and six staff present at one time. Van Zomeren said parking would not be a problem. She asked about the ratio of children and staff. Jacques stated the ratio is one to ten and there would be six staff, maximum, per shift. • Hawn asked about the ages of the children. Jacques said they would be serving children ages 33 months to 11 years old. The hours of operation would be 6:00 a.m. to 6:00 p.m. or 6:30 a.m. to 6:30 p.m. There would not be any night time hours of operation. There were no public comments. Mabusth moved,White seconded, a motion to approve Application #2460 for Cliff Otten/Kristin Jacques at 3800 Wayzata Boulevard for a conditional use permit subject to the following conditions: 1. The number of enrollees shall be limited to a maximum of 60 persons at one time.The number of staff allowed shall correlate to the number required by DHS for the age and number of enrollees. 2. The applicant shall provide the hours of operation for inclusion in the resolution. 3. The applicant is to obtain a license from DHS. VOTE: Ayes 4, Nays 0. SKETCH PLAN REVIEWS (#10)#2456 BOHLAND DEVELOPMENT COMPANY, HAVING AN INTEREST IN 1025 BROWN ROAD SOUTH (PID#10-117-23-24-0001), 8:56 p.m. -9:30 p.m. • Steve Bohl, Bohland Development, Inc., was present. Page 12 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16, 1999 • Van Zomeren presented the staff report. She stated the zoning district for this parcel is RR-1 B which requires two acres of dry buildable land for each residence. The lot area is 42.6 acres in total,with 20.5 dry acres and 23.1 wet acres. The site plan shows seven lots. The lots meet the two-acre minimum with the exception of lot 4. The dry acres are 1.8. A NURP pond will be located on lot 4. Access to lot 1 would be provided through King Street. The rest of the lots would be served by a cul- de-sac coming off from Brown Road. Lot 2 would be served by an outlot off from the cul-de-sac. Lot 2 would be considered a through-lot. She said the proposed plan shows a primary and secondary septic site for each proposed lot. The Park Dedication Fee has not been determined since this is a sketch plan. The City would require flowage and conservation easements over the wetlands and drainage and utility easements along the lot lines. The private road for the cul-de-sac would need to be designed and maintained according to City standards. She said the stormwater management issues have gone to the Minnehaha Creek Watershed District. She requested that the Planning Commission discuss the following issues: 1. Proposed access for Lot 1 via King Street; 2. Lot 2 access and status as through lot; 3. Lot 4 lot area at 1.8 acres; and 4. Tax-forfeited "exception" parcel. White asked if the tax forfeited parcel would increase the size of lot 4. Van Zomeren stated it would not increase the dry buildable area because the tax forfeited parcel is wet. Mabusth asked if a wetland delineation had been completed. Van Zomeren said yes. Steve Bohl stated his original proposal was for six lots with a cul-de-sac coming off from Willow Drive. III At that time, he did not have a contract to purchase the property located at 1045 Brown Road and the lots would have all exceeded the minimum 2.0 acre requirement. He said that Dave Zetterstrom of Hennepin County looked at the proposed access off from Brown Road. He said Zetterstrom felt that the access onto Brown Road would be a safe and better situation than adding additional traffic to Willow Drive. Zetterstrom also looked at the King Street access for lot 1 which currently serves one property, 775 Brown Road. He said Zetterstrom commented that this would be a safe entrance for both properties. Bohl talked about the ponding issue on lot 4. Mabusth asked if the NURP pond could be moved further north. Bohl said it could probably move to lot 3. He said the neighbor to the southeast corner of the property has asked about the possibility of Bohl selling a small portion of the property to the neighbor for an extension of their lot. If Bohl did not sell them that portion of the property and moved the lot lines, it would be possible to meet the two-acre minimum for lot 4. White asked about the topography of the site. Bohl said the perimeter of the southerly portion is pasture land. The exception piece on the west and the southeast portion are wooded. The northerly portion of the property is dense woods except for the wetland. White asked the purpose of the outlot attached to the cul-de-sac. Bohl said the outlot is the driveway access for lot 2. Van Zomeren said she wanted to point out the outlot and find out if that was acceptable rather than having lot 2 on the cul-de-sac. She said lot 2 is a through lot because it could have access on Willow. • Page 13 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16, 1999 • Mabusth said the zoning code has a section that deals with the creation of the private driveway outlots having to do with the topography, saving a wooded area, or something physical and unique to the land. Bohl said it would be nearly impossible to grade in a driveway from Willow because of the topography. Mabusth commented that all of the lots could be considered through lots, which means a conditional use permit would be required every time someone put up an accessory structure. Hawn questioned the location of the septic sites because some of them are close to each other. Bohl stated that on lots 2, 3, and 4, the septic sites would be typical drainfields because the soil for these three lots is sand. The other lots would have typical mound systems. Mabusth stated that the lot area for lot 4 will be a concern. Bohl stated he does not need to purchase that property. He said the home on that property is in need of repair. Using that property for the access would make the access more visually appealing. Bohl said if he doesn't buy that property and someone else buys it in the future, they would need a variance for the lot area. He said there is a gas tank buried on the property, but it can be cleaned up. White said there would be advantages if Bohl took possession of the tax forfeited property. White said taxes would be paid on it and it would be kept clean. Mabusth asked if Bohl would share the driveway on King Street with the property owner to the north. Bohl described the grading plan for the driveway. Mabusth asked about the City's interest in maintaining King Street as a public road. She asked if the northern property owner and the southern property owner would share it if it was vacated. Van Zomeren said the County would have to research it to see who is the fee owner. Typically, it's 50- 50. White asked if Bohl has developed any other areas in Orono. Bohl said this is his first project in Orono. He is involved in developments in Independence and Wayzata. White asked if Bohl has ever been sued for non-performance. Bohl said no. Hawn said it would be difficult to approve a plan that did not meet the minimum lot size requirement. Mabusth said she would like to see the King Street access improved. Gaffron said that topography maps are needed for the King Street area. Robert Wiens, 2170 Shevlin Drive, said he lives on the property located to the north. He would like the developer to comply with the two-acre minimum requirement. He said he is also concerned about further subdivision of lot 1. Bohl questioned the need for a conditional use permit for grading. • Page 14 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16, 1999 • Van Zomeren replied that it depends on how much land alteration will be done. She said it is based on cubic yards. PLANNING COMMISSION COMMENTS (#11) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON JANUARY 25, 1999 AND FEBRUARY 8, 1999 None. (#12) OTHER ISSUES FOR DISCUSSION Hawn thanked Mabusth and White for serving as alternate members to the Planning Commission. Mayor Gabriel Jabbour stated he was concerned about attendance of the Planning Commission members. He complimented the Commission members on the way they facilitated the meeting and he encouraged them to send items to the City Council with strong recommendations. He said he would like to see leadership from the Planning Commission on housing for the elderly. (#13) PLANNING COMMISSION APPROVAL OF MINUTES FOR JANUARY 19, 1999 Hawn moved, McMillan seconded, to table the minutes of the January 19, 1999 Regular • Planning Commission meeting.VOTE: Ayes 4, Nays 0. (#14) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON FEBRUARY 22, 1999 AND MARCH 8, 1999 February 22, 1999 - Elizabeth Hawn March 8, 1999- Lili McMillan ADJOURNMENT McMillan moved, Mabusth seconded,to adjourn the meeting at 9:50 p.m.VOTE: Ayes 4, Nays 0. Elizabeth T. Hawn,Acting Chair 4111 Page 15