HomeMy WebLinkAbout17-3944 ExB PC Minutes 06-19-2017 draftMINUTES OF THE ORONO PLANNING COMMISSION MEETING
Monday, June 19, 2017 6:30 o’clock p.m. _____________________________________________________________________________________
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5. 17-3944 WESTWOOD PROFESSIONAL SERVICES ON BEHALF OF UGORETS,
8098, LLC, 2520 SHADYWOOD ROAD, ZONING CHANGE AND MASTER PLAN REVIEW,
7:13 P.M. – 8:25 P.M.
Tom Goodrum, and Alex Ugorets, Applicant, was present.
Barnhart stated the applicant is requesting a zone change and a master concept plan approval to permit
construction of a 40-unit condominium building on 3.11 acres to the south of the Freshwater Business
center. In addition, the applicant is requesting the property be rezoned to RPUD. An RPUD allows some
flexibility in land development and redevelopment and helps preserve desirable site characteristics and
open space. The condominium building as proposed consists of four stories with a defined height of
48.8’. Site improvements include underground and surface parking.
The property is currently zoned B-4 Office Professional but is guided in the Comprehensive Plan for
mixed use with a prescribed density of 6-15 units per acre. The proposed use is consistent with the
Comprehensive Plan. The proposed density is 15.63 units per acre, which is just above the guided upper
threshold for density contained in the Comprehensive Plan.
The proposal provides 84 parking spaces, with 51 of those spaces being located under the building and 33
surface spaces. Given that ratio, the City’s parking requirements are met. Proposed hardcover on the
property is not an issue.
The building is intended to be a 40-unit condominium building, which is different from what was
presented at the sketch plan review. The applicant has indicated that condominium buildings require
higher ceilings, which has increased the height of the building. At the time of the sketch plan review, the
applicant was advised that the Planning Commission and City Council felt 30 feet was an appropriate
maximum height. Currently the proposed height is 48.8’, but the southern third of the building, closest to
Shadywood Road, will be 36 feet in height since it does not include the penthouse. The defined height
may change since Staff measures height from the existing grades to the top of the building.
The applicant has prepared a traffic analysis which suggests the development will generate 232 trips per
weekday; 18 trips in the morning peak hour and 21 trips in the evening peak hour. Overall, the
Council
Exhibit B
17-3944
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development will increase traffic in the area about three percent. It should be noted that from a use
standpoint, the proposed residential use will have a lower impact on the traffic compared to other possible
uses such as retail, an apartment building or a restaurant. Barnhart stated the majority of traffic in the
Navarre area comes from the south.
Other buildings in the area include the Freshwater Business Center, Culver’s, Narrow’s Bar and Saloon,
and Shadywood Villas, which was approved last year. Access to this site is proposed off of a new shared
driveway with the Freshwater Business Center. This driveway will line up with the driveway serving the
church across Shadywood Road. Hennepin County supports the offset.
The building is proposed to be 35 feet back from the Shadywood Road right-of-way line and about 35 feet
from the new side lot line to the north. This has not been verified with an updated survey or site plan.
The lot requires a 50-foot setback from the front yard and a 35-foot setback from the side yard. The
building will also need to be 85 feet from the wetland.
The applicant has provided some additional information regarding the residential properties located to the
rear of the proposed building.
Barnhart displayed a cross section of the building and noted that from the east side it will appear to be a
5-story building. The penthouse is set to the east of the building so it is not as close to the Shadywood
side as it could be.
Barnhart displayed a colored sketch of the exterior of the building and an aerial of the nearby residences.
A number of comments regarding the project have been received.
The applicant is also proposing to modify a portion of the shared property line between the proposed
condominium lot and the lot containing the Freshwater Business Center. A boundary line adjustment is a
minor administrative action but does impact lot size, setbacks, structural coverage, and density
calculations.
Staff has not reviewed the grading and drainage plan in detail but the plan depicts holding ponds. A
Conservation Design plan will need to be completed.
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Staff is recommending tabling the application to allow for the submittal of certain information related to
the rezoning request. The applicant is requesting that public comments be received and that the Planning
Commission make a recommendation so the plan can proceed forward to the City Council.
Thiesse asked if the hardcover will go beyond the 50 percent if it is rezoned to RPUD.
Barnhart stated the proposed hardcover is at 36 percent and they would be allowed up to 50 percent. Any
amount over 50 percent would require a variance as well as mitigation.
Thiesse asked if the City is protecting the neighborhood by allowing condominiums rather than any other
use on this site.
Barnhart stated the applicant has changed his proposal from an apartment building to condominiums
following a neighborhood meeting. Barnhart noted the traffic numbers were provided by ITE.
Lemke asked what Staff believes are the main issues.
Barnhart indicated the main issues would be height and traffic. Barnhart stated he understands the
impacts of traffic on the area, but noted the lot is currently vacant and any development will generate
some level of traffic. Barnhart stated this area is not zoned residential, and if it is rezoned to residential, it
would require approval from the Metropolitan Council at a density of three units per acre.
Tom Goodrum, stated they have listened to the comments of the Planning Commission, the City Council,
and the neighbors, and redesigned their plan to be 40 high-quality condominium units rather than 51
apartments.
Goodrum stated they are proposing the same footprint but that they have enhanced the building by
increasing the height of the ceilings. The number of parking stalls has also been reduced and another 15
feet of buffering along Shadywood Road has been added. The targeted tenants for this site are expected
to be empty nesters and retirees, which is also what the residents wanted.
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Goodrum stated he appreciates Staff’s comments, and as it relates to the grading and stormwater
calculations, those will be addressed in the near future if approval of the plan is received. Goodrum noted
engineering costs a lot of money and that they would like to receive approval prior to incurring those
costs. Goodrum stated they understand the main issues are height and traffic and that in their view they
meet the seven standards for the RPUD. Goodrum stated while there are arguments on both sides, they
believe they have a good argument for life cycle housing. Goodrum stated they are looking from the
Planning Commission a recommendation of approval.
Goodrum noted the site does have ample room for stormwater ponding and that they are within traffic
guidelines for that road. Goodrum stated in their view they are looking at a market that will have the least
impact on traffic.
As it relates to the environmental impacts, there is a 75-foot buffer to the edge of the wetland and the
proposal is close to meeting the additional ten feet required by the City but it depends on whether the
balconies would be counted. Goodrum indicated they have also discussed adding more wetland buffer to
the Freshwater Business Center as part of this project. Goodrum noted the building is not near the
wetland and the stormwater ponds would be located outside the wetland areas.
Thiesse asked if there is any way to eliminate one level of the building and construct a larger structure.
Goodrum stated the penthouse will make the project financially feasible and that they did look at other
options but they were not economically feasible. Goodrum stated unless more parking is eliminated, they
would not be able to expand the structure. The flat roof matches the Freshwater building, Byerly’s, and
other buildings in Navarre. The proposed building at the west end would be 36 feet high along
Shadywood Road. Goodrum noted a pitched roof would be well above the 36 feet and that they are
minimizing the visual impacts with the flat roof.
Thiesse commented he is more concerned with the residents to the rear.
Goodrum stated a pitched roof would be taller than a flat roof.
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Schoenzeit asked if additional acreage could be added to the property so the building could be lowered
and the footprint expanded.
Goodrum stated there is another 20 acres that are owned by Mr. Ugorets but that property is not
contiguous.
Schoenzeit stated the height continues to be a problem.
Lemke asked if it would be a deal breaker if the top level is eliminated and the number of units reduced.
Goodrum indicated it would be.
Olson asked what the cost of a condominium unit would be.
Alex Ugorets, Applicant, indicated it would be between $600,000 to $700,000.
Chair Thiesse opened the public hearing at 7:38 p.m.
Tim Olson, 2510 Old Beach Road, stated he has been asked to speak on behalf of the Old Beach Road
neighborhood and to give voice to over 200 community members in opposition to this project. Olson
stated they have had the opportunity to review the proposal for this site and find it to be entirely too large.
Olson stated the residents recognize that this would have a negative impact on the established community,
would negatively impact the quality of life, affect the natural habitat, unnecessarily impact traffic, and
steal away the night sky.
Olson stated the residents find that this project is in direct opposition to the Orono Community
Management Plan. Although the residents acknowledge a person’s right to own and develop a property,
they support the community goals and recognize the proper development. They are not opposed to
development of the property but strongly oppose this particular project. There are rules and regulations
Orono has in place to prevent unnecessary and unreasonable developments. These have been put in place
after much thought and discussion. This proposal in its magnitude, if approved, would go forward in
opposition of the established community goals, city ordinances, and adversely affect the value of the area.
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The City is guided by a Comprehensive Plan, a plan written in principle and philosophy. In fact, Orono’s
Comprehensive Plan has been renamed to the Community Management Plan, which emphasizes the word
community. Olson stated the title of this plan has been chosen to signify its intent and purpose. The
word community is meant to stress the fact that this is, in fact, the plan and desire of the citizens. The
retention of Orono’s small town sense of community and personal interaction is a guiding factor.
Throughout multiple pages of the Community Management Plan, it defines the purpose, and throughout
the introduction, emphasizes the guiding principles of a plan, not as a whim, but is meant in repeated
words to offer clear guidance for the future. When interpreting the meaning and understanding of the
Community Management Plan, implementation of new developments should be weighted most favorably
in the guiding principles, which are to protect and preserve Lake Minnetonka and its water quality, to
preserve our distinct urban lifestyles and land use patterns, preserve and protect our many natural
resources and open spaces and preserve our local character and identity.
The Community Management Plan includes six elements critical to the development philosophy. First
and foremost are environmental protections and land use. In this, Orono residents place the highest
priority on open space, preservation of woodlands, wetlands, habitat, with a particular emphasis on dark
skies allowing for the maintenance of a night sky free from light pollution. Additionally, land use which
maintains a historic identity and character of Orono’s urban neighbors shall be a key element in Orono’s
land use planning.
The residents have had an opportunity to review Westwood’s plan and we find it to be an overwhelmingly
and ambitious project, designed outside the extremes of Orono’s allowable development of this area. We
have found it to be dismissive of community concerns and not particularly accurate in representing the
opposition to this project.
Olson stated they have reviewed Mr. Barnhart’s staff submission to the Commission and appreciate
Staff’s input. The residents have found that this area would need to be rezoned to RPUD for the
implementation of certain housing goals. Mr. Barnhart cites seven significant principles for the RPUD.
The Westwood proposal falls woefully short, failing to meet six of the seven; most notably preservation
of desirable site characteristics and open space and the protection of sensitive environmental features, a
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design compatible to the surrounding land uses, sensitive to development in transitional areas located
between different land uses, and a development which is consistent with the Comprehensive Plan. In
addition, the Westwood site does not meet the RPUD standards, being half the required acres needed for a
development of this size. Further complicating this project is that it has a proposed density of 15.63 units
per acres, which exceeds even the maximum allowable density for a properly sized RPUD site, which is 6
to 15 units per acre allowed for the site.
Further challenges outlined in Staff’s report include the building exceeds the maximum allowable height,
is designed with a nonconforming roof, fails to meet several setbacks, and provides for no open space.
Additionally, traffic continues to be a great concern for this area. Having experienced this on a daily
basis, the residents can assure the Commission that additional traffic concerns from a project of this
magnitude have not be adequately addressed to this point, particularly when paired with anticipated
growth in areas north and west of Navarre.
On its face, this plan appears to ignore the primary and driving tenets of the Community Management
Plan for the benefit and development of this particular parcel - a benefit that is being extended to one
commercial developer at the expense of the citizens of Orono and its neighboring communities.
Olson stated there is a reason Orono has a Community Management Plan and established zoning
ordinances. Although the residents appreciate the flexibility of a project, flexibility should not
fundamentally change the meaningful restrictions that are in place. The residents ask the Planning
Commission to take notice that Westwood is asking the City to take an undeveloped lot that is not large
enough to trigger an RPUD and then proposes building a structure that exceeds the maximum number of
residential units for a properly sized lot and then proposes the building be constructed with a
nonconforming flat roof. Even with a flat roof, it will exceed the maximum allowed height. To make this
building fit, the City must ignore setbacks and open spaces.
Olson stated there is nothing about this particular project that remotely meets the City’s requirements,
preserves the characteristics of the neighborhood, is transitional to the neighboring areas, and is
inconsistent with the driving components and philosophy of the Comprehensive Plan. In short, this
project is simply too large; and if approved, will forever negatively impact the community and adversely
affect growth and future development in the area.
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The residents ask the Planning Commission to not table this plan but to reject the proposal outright.
Further, the residents would ask the Planning Commission and Staff to encourage development of this
property on a much smaller scale nearing the low end of the six units per acre, more suitable for this
nonconforming lot size, and to continue to review all future development proposals for this area under the
terms reflected in the guiding principles and philosophy of the Community Management Plan that is in
place.
Olson requested the Planning Commission and Staff also take an opportunity to review Exhibit G
submitted by Mr. Kirk Sherman, who was unable to attend tonight’s meeting. Olson thanked the
Planning Commission for their time.
Shawn Macentee, 2490 Old Beach Road, stated when he started considering the application, he looked at
the City variances. When looking at variances, the City Council may grant variances in cases where there
are practical difficulties and the weight of carrying out the strict letter of the regulations of this chapter,
taking into account the character and development of the neighborhood. In considering applications for
variances, the Council shall consider the effect of the proposed variance upon the health, safety and
welfare of the community, existing traffic conditions, light and air, and the risk to public safety and the
effects on the values of property, and to grant variances only when it is demonstrated that such actions
with be in keeping with the spirit and intent of the chapter. The variance, if granted, will not alter the
essential character of the locality. The Planning Commission heard tonight that this five-story building
would be very uncharacteristic of this area.
Acting on the considerations alone does not constitute practical difficulties. There have been questions
tonight whether it is economically feasible to go smaller, which is not one of the considerations under the
statute. The granting of such variance is not to serve the convenience of the applicant but is necessary to
alleviate demonstrable difficulty.
The Planning Commission also heard a little bit about flexibility for the RPUD regulations. Although
flexibility may be something to take into consideration, the standards set forth in the statute say within the
RPUD district all development shall be in compliance with certain characteristics. The characteristics of
this potential building is that it requires numerous variances that are broad in their scope. The project
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acreage is half of what is required under the statute. 78-626 lists four exceptions the Council can use to
provide a variance, none of which exist on this project.
Macentee stated the purpose of the RPUD district is to encourage sensitive development in transitional
areas located between different land uses and along significant corridors within the City. Installing a five-
story building is not sensitive and is intrusive and inconsistent with the Comprehensive Plan.
Macentee stated for anyone who has ever driven Shadywood at rush hour, the traffic lines up from the
intersection past the Narrows Bridge pretty much every day. Macentee stated he appreciates putting in
parking spaces for this number of people but they will also have people turning in and out of this
development on a routine basis, which will further exacerbate the traffic situation.
Macentee stated the residents support some type of condominium development on this property but they
feel this proposed project is too large. The residents are also concerned that condominiums are turned
into apartments when they are not sold.
Tom Lowe, 2630 West Lafayette Road, stated his primary concern is the traffic. Lowe stated one night
last week the traffic was backed up all the way to Hazelwood in Tonka Bay. If someone is going to make
a right turn to go into Wayzata, they have to get into the line of traffic. Lowe stated there is no way they
can get into that line. If they want to take a left turn, they are taking their life into their hands because
they have to cross traffic that is going north. Lowe stated unless Hennepin County is going to do
something about this intersection, something drastic is going to happen.
Lowe stated he questions the veracity of the traffic study because it looks like the traffic numbers were
pulled out of a book somewhere. Lowe stated they need to go there at 5:00. Lowe jokingly stated that if
this project is approved, he is going to try to get Old Beach Road opened up so traffic can get out that
way. Lowe stated the traffic situation is very serious.
Lowe stated he also believes the zoning should stay as it is.
Dave Schneider, 2540 Old Beach Road, stated this is not about Old Beach Road but that the proposal will
impact the entire area and will affect everyone that lives there. Schneider stated it is not about opening
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Old Beach Road again. Schneider stated he is not a traffic engineer or an environmental engineer, but
through a grassroots campaign they have gotten over 200 people that are against this project through
petitions and meetings.
Schneider commented the residents have to remember that Navarre is finally, after 30 years, changing
with the dental office, Bridgewater Bank, and Byerly’s, but that he does not know if this will help with
that transformation. Schneider stated once there is a real transformation at 19 and 15, there may be an
opportunity to develop this area. Schneider stated he is not opposed to development but that he is
opposed to this project.
Ralph Kempf, 3675 Toga Road, stated the preferred choice of the residents would be to leave it natural,
but the fact of the matter is that Navarre is one of the two urban destinations of Orono and this lot will get
developed at some point. Kempf stated he had mixed feelings when he saw it was up for redevelopment
since it would put a high density of people very close to the main intersection of Navarre. Kempf stated it
is a given that people on the sidewalks are the building block of a community, and to date, Navarre is
transforming and going very much in the right direction in his view.
Kempf stated he would ask the Planning Commission and Council to pay attention to something that has
been overlooked in Navarre, which has made the business district basically a no pedestrian zone. Kempf
stated in his view it is necessary that the City consider a way that people can easily walk to downtown
Navarre, and that the way things are set up now is that the people who are going to live on this site will
get in their cars to drive to downtown Navarre. Kempf stated hopefully the Council will look at a
pedestrian connection between the Navarre Park, the Navarre business district, and the Dakota Rail Trail
since there is not currently a safe pedestrian access to downtown Navarre and that trail.
Kempf commented it is unfortunate that this development did not happen before the Freshwater
redevelopment took place because somebody would have made sure that there was some sort of trail or
sidewalk along the road in this area. Kempf noted the City advocated for and got Hennepin County to
agree to redevelop the intersection in 2019 and that it would be wonderful if the City could figure out a
way to incorporate pedestrian friendly methods of travel.
Kempf stated in his view this kind of development is a good one in the overall larger picture.
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Sandra Keegan, Walters Point Lane, stated the height is the scary part of this proposal, and once someone
puts up a building that size, there is no going back. Keegan stated in his view Navarre is changing for the
better, but that this property has been vacant for a while so they do not have to rush to develop it.
Tom Goodrum stated in his view they can work with Staff on the RPUD standards and that they are
willing to put a trail in.
Goodrum noted they have heard several times concerns about the size of the parcel. Goodrum noted they
have more than 2.5 acres with this parcel and that they can add 18 more acres to the property. Goodrum
stated in his opinion these items can be resolved.
Goodrum stated as it relates to the traffic, it comes down to perception, and that the actual traffic numbers
show what is happening out. In addition, in regards to height, Orono has other similar buildings three and
four stories high that have been approved, and that it comes down to someone’s perception of the height.
Alex Ugorets, 175 Brentwood Road, stated he can understand why the residents are not happy about the
project since it will impact their lives. Ugorets stated any development will affect the neighborhood but
that 30 feet only allows for a two-story building with a decent ceiling height. Ugorets stated the footprint
is the way it has to be, and that if they are talking about 20 units versus 40 units, there is no way in this
day and age a building can be constructed for that few units.
Ugorets commented he also cannot think of another project that will minimize the traffic and fit all the
criteria that everybody desires. Ugorets stated he would love to accommodate everybody here, but if he
did that, it would be a parking lot, which is not going to happen. Ugorets noted an office building will
generate more traffic.
Ugorets stated the higher the building, the more people want to be on the upper floor for the views.
Ugorets stated the building they are proposing is barely making it, but what makes it feasible is to put the
penthouse up there.
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Ugorets requested the Planning Commission to either deny or approve the application. If it is denied, the
City should revisit the Comprehensive Plan and guide people for something that is doable on this site and
not somebody’s dream. Ugorets stated he understands the property is guided to 15 units per acre and that
they can move some property lines around to meet the density.
Ugorets stated he would like to get clear direction on whether the Planning Commission recommends
approval or denial before he spends any more money on the project. Ugorets stated the footprint and
height are in stone and that he will not redesign and come back with another project.
Ugorets stated people in single-family homes or townhouse projects do not want to live next to an office
building. Ugorets stated every time there is a multi-family building guided, it is next to a busy road, and
that they changed their proposal from an apartment building to condominiums because they thought the
residents would be happier with the condominiums
Chair Thiesse closed the public hearing at 8:12 p.m.
Schoenzeit stated it is clear that the intersection of County Roads 19 and 15 does not work and that 95
percent of the traffic comes from the south and the other three directions are almost empty. Schoenzeit
stated a police officer directing traffic would be far more efficient than a stoplight. Schoenzeit
encouraged the City to move this intersection up to a higher priority independent of what happens with
this property.
Chair Thiesse reopened the public hearing at 8:15 p.m.
John Frewalds noted the latest edition of Lakeshore has an article written by him regarding the traffic in
this area. Frewalds commented the Lakeshore Weekly liked his article on traffic so much he will be
doing a regular column on it. Frewalds stated a good way to look at traffic is to look at it as a glass that is
full, and then when you add two more drops, it overflows, which is where they are right now.
Frewalds noted they have had to add boulders at the cul-de-sac since GPS shows that it is a through road.
Frewalds suggested the speed limit from Shadywood down to County Road 30 be reduced.
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Thiesse noted it is a county road and that only the state can change it.
Thiesse closed the public hearing at 8:16 p.m.
Thiesse stated he cannot get over the height of the building in the back. Thiesse stated in his view this
site is a condominium site and that the applicants have done a wonderful job in designing the building but
that the height is an issue for him. Thiesse stated they are looking at an RPUD, which allows for some
flexibility, but that the applicant has said he has no more flexibility.
Lemke noted the traffic will be impacted no what goes on this site so it is not as much of a factor.
Thiesse commented this is the best use for the property as it relates to traffic.
Lemke stated he also has issues with the height since it seems to be too much building for the area.
Landgraver stated the proposed use does seem to be an optimal use of the site in terms of minimizing the
traffic impact. Landgraver stated he is struggling with the height and in his view it is too much.
Landgraver commented it is unfortunate the economics do not work for a building that is not as high.
While the Planning Commission has always been sensitive to views of the lake and the visual nature of
Orono, the height of the penthouse pushes it too much.
Olson stated he is in agreement with Commissioner Landgraver and that he cannot support the project.
Schwingler indicated he also is in agreement with the other commissioners.
Schoenzeit stated when the proposed density is above what it is guided for, it shows that there is not
enough land. Schoenzeit stated the height of the building is the number one show stopper.
Schoenzeit asked if including the wetlands would help the dry buildable calculations.
Barnhart stated the City does not include the wetlands or the wetland buffer in that calculation.
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Barnhart noted there is some flexibility in shifting the property line, but it raises the question of how
shifting that property line will impact setbacks. In addition, the height of the building, density, and traffic
are also other issues that have been discussed tonight.
Thiesse stated the City has no control over who drives on the road.
Landgraver noted the City keeps kicking the density issue down the road and that this was a constructive
approach to reaching maximum density on the site. Landgraver stated in his view the higher density helps
Orono to a certain extent.
Schwingler stated he agrees the density has to be figured out and that this was a good solution.
Lemke stated he would prefer the Planning Commission take action on this item tonight.
Thiesse stated he wishes there was more flexibility but that the applicant has indicated he cannot reduce
the size of the building.
Ugorets commented he could put in affordable housing with 500 square foot units and keep it at 30 feet.
Landgraver moved, Lemke seconded, to recommend denial of Application No. 17-3944, Westwood
Professional Services on behalf of Ugorets, 8098, LLC, 2520 Shadywood Road, Zoning Change and
Master Plan Review. VOTE: Ayes 6, Nays 0.
John Thiesse, Chair