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HomeMy WebLinkAbout18-3998 ExD PC Minutes 2-20-18MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, February 20, 2018 6:30 o’clock p.m. _____________________________________________________________________________________ 2. 18-3998 JAMES AND MARY JUNDT, 1400 BRACKETTS POINT ROAD, PRELIMINARY PLAT AND STREET VACATION, 6:32 P.M. – 7:00 P.M. Chuck Algon, Developer; Mark Gronberg, Surveyor; and Brian Benson were present. Barnhart stated the applicant is requesting preliminary plat and street vacation approval to subdivide the existing lot at 1400 Bracketts Point into five separate lots and relocate a portion of the public Bracketts Point Road to the middle of the peninsula. The project proposes subdividing a 13.78-acre parcel into 5-lot single-family residential lots. All of the lots meet the minimum 2-acre dry buildable requirement and 200 feet of lakeshore. The Planning Commission reviewed this as a sketch plan. The application tonight does meet the zoning requirements and Comprehensive Plan requirements in terms of density and use. The significant feature of this project is the relocation of Bracketts Point Road to the center of peninsula. Bracketts Point Road intersects with North Shore Drive at the north end and converts to a private road at the hammerhead. The private road services three homes. The applicant is proposing to vacate the red portion of the road, which includes the hammerhead, and relocate the road to generally the center of the peninsula and providing access to the five lots on either side. As part of that relocation, the applicant is proposing to vacate an existing sanitary sewer trunk line and relocate it. The relocation of the trunk line will require the need for a second lift station serving the area. The City would prefer the lift station over a deep trunk line and potential conflicts with water table and soil stability. Barnhart displayed the new location of the road and sanitary sewer on the overhead. Barnhart stated in terms of improvements on the property, there is currently a large home, a tennis court, a caretaker’s building, and some other improvements. The home will remain but the caretaker’s building and other improvements will be removed. No structural coverage variance is required for the house. As part of this project, a number of trees will be removed partly because of the grading and some of the other improvements associated with relocating the road. The trees to be removed are primarily located in the southwestern portion of the property. Overall the applicant will be removing 77 trees over six inches in girth and replacing them with 61 trees, many of them along the new Bracketts Point Road. Staff is recommending that some of the trees be shifted to create a more natural look. There are no wetlands on the property. One of the comments received during the sketch plan review was to verify with Hennepin County that the proposed subdivision would not require any improvements to the intersection of Bracketts Point Road and Shoreline. The County has indicated they have not identified any needed improvements. Another comment related to some possible Native American significance to the site. The applicant has diligently worked with the State Historical Preservation Office and other agencies to ensure that this site has no verifiable evidence of Native American activity. If any such physical evidence is found, a condition of the development is that the developer will contact the State Historic Preservation Office. At this point Staff is recommending approval of the application subject to the conditions that are outlined in Staff’s memorandum. Page 1 of 4 Council Exhibit D 18-3998 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, February 20, 2018 6:30 o’clock p.m. _____________________________________________________________________________________ Page 2 of 4 Landgraver asked whether there will be any trees removed along the shoreline. Barnhart indicated only one tree has been identified to be removed in the 0-75 foot zone. Thiesse asked if the City Engineer has reviewed the application. Thiesse asked whether there is any concern with three homes accessing off of the cul-de-sac. Barnhart stated the City Engineer has reviewed the application and has provided comments. Those comments will need to be addressed as part of the final plat. The applicant is proposing a public cul-de- sac to terminate at the property line and then turn into a private driveway for three homes. The current hammerhead will be replaced with the cul-de-sac. Thiesse asked if there is any lakeshore involved with the easement vacation. Barnhart stated there is not. As part of the vacation review process, discussions were held with the DNR and they have no concerns and, in fact, supported the vacation. Chuck Algon, Developer, stated they have no additions or corrections to Staff’s report and that they accept it as is. Chair Thiesse opened the public hearing at 6:42 p.m. Bruce Paddock, 1500 Bracketts Point Road, stated he is here tonight representing himself and the property owner at 1490 Bracketts Point Road. Paddock stated in his view he can safely say on behalf of all the residents of Bracketts Point that this property is a very special place in the City of Orono. Paddock stated there was a very good reason why George Brackett settled on Bracketts Point and built a summer retreat there. The local Indians before him considered this very sacred and holy ground. As a result, Paddock stated in their view any new development should be additive to the surrounding properties for future generations to come and not diminutive. Paddock stated after review of the proposed development, in his view the project generally will be additive and much more efficient to Bracketts Point but that he will reserve his final approval until after the discussion by the Planning Commission. Paddock stated in his opinion this is an opportune time to ask for a public roadway to run from County Road 15 all the way down to Bracketts Point ending in the existing cul-de-sac. The cul-de-sac currently serves three properties. Paddock stated he would urge the City in fairness to all property owners to extend the public roadway from County Road 15 all the way down to the end so it serves everybody equally. As long as the relocated roadway is built to city standards, those same standards should be extended to the three lots that the private road serves. Paddock stated his second concern relates to Lots 4 and 5. Paddock stated he believes Lot 4 contains the original Pillsbury mansion, which is at least 30,000 square feet. That house will now be placed on a property a little over three acres. Paddock stated in his opinion this is a very large structure and it needs a larger parcel to add value to that home as well as Bracketts Point. Paddock suggested the buyer of Lot 4 also be required to purchase Lot 5, especially if they plan on retaining that structure because the tennis court and swimming court could then be saved, which would make it 5-plus acres. If the buyer of Lot 4 elects to raze the home and build a new home, then separation of the two properties would be acceptable. Paddock stated overall it is a good project and will enhance Bracketts Point. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, February 20, 2018 6:30 o’clock p.m. _____________________________________________________________________________________ Page 3 of 4 Chair Thiesse closed the public hearing at 6:48 p.m. Landgraver asked what the City’s view is on extending the public road to the end of the point. Barnhart stated it is his belief the Council feels the whole road should be private versus public. Barnhart noted generally subdivisions are served by private roads. Thiesse asked if the right-of-way would change quite a bit if the road were made public. Barnhart indicated he does not have any information on that tonight but that it is likely there is no right-of-way currently on the private section. Rief stated the City would need to determine what that right-of-way is and that Staff is not prepared to answer that tonight. Barnhart stated the Planning Commission should react to the request in front of them, and if they feel differently about the proposal, they should incorporate that into their recommendation. Thiesse commented they are both very good comments but that he is not sure the Planning Commission has control over that. Landgraver asked what the structural coverage is for the house. Barnhart stated based on the information he has tonight, it is 6.9 percent. Landgraver stated according to City Code, it is a reasonably sized structure on a big lot. Barnhart noted Lot 4 is the biggest lot in the subdivision. Landgraver commented in theory someone could purchase the adjacent lot. Leskinen stated she understands the comment about keeping Lots 4 and 5 together but that the City has no way to compel the developer to do that since the lots meet the City’s subdivision standards as far as minimum lot size and setbacks. Schoenzeit commented it appears the applicant has their ts crossed and i’s dotted. Thiesse stated he has heard from Staff that the Council is leaning more towards a private road. George Stickney, 340 Peavey Road, indicated he was involved with the parties that are here tonight with a subdivision in 2007. The roadway has a 30-foot right-of-way and it is a nice beautiful roadway that is built to city standards as well as curb and gutter to the new cul-de-sac site. There is also a 90-foot right- of-way to the end of the road with a center island so the snow plows can get in there. Stickney stated the current public roadway along the lakeshore is not as wide and nice as what is being proposed. Stickney stated there is an opportunity tonight to extend the public road for those people who want to see Bracketts Point. The proposed road will be straighter and will not zig-zag. Stickney indicated the MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, February 20, 2018 6:30 o’clock p.m. _____________________________________________________________________________________ Page 4 of 4 roadway will make it easier for fire trucks to access and will not increase the outlot size. In addition, the road is in awesome shape. Thiesse noted this is the first time the Planning Commission has heard any concerns about the road remaining private. Thiesse stated in his view it is a good plan and that he likes the recommendation to stagger the trees more. Thiesse stated he would also like the City Engineer to look at the road prior to it going to the City Council to see whether it is a viable option. Barnhart stated the City can always respond to requests to convert a private road to a public road and that it does not need to be part of an application. Generally the City will look for the road to be built to city standards and has been properly maintained. Thiesse stated he would like the road to be looked at to ensure the road is in great shape. Landgraver commented it is an interesting proposition and that there does not appear to be anything precluding that at this time. Landgraver stated those three people could petition the City to make it a public road if they so choose. Barnhart stated they can petition for that at any time and that it does not need to be part of this application. Thiesse stated he has no intention of holding the application back but that he would suggest the City Engineer look into it. Landgraver stated if the City Council elects to make it a private road, then it becomes a moot point, but that overall it is getting the road away from the lakeshore and relocating the utilities into a more easily maintained and serviced area. Landgraver stated Lot 4 may not be the perfect size for the existing residence but in his view it is a good faith effort to develop the site. Landgraver stated he is in support of the application. Leskinen moved, Landgraver seconded, to recommend approval of Application No. 18-3998, James and Mary Jundt, 1400 Bracketts Point Road, vacation of the roadway and the sanitary sewer easement, subject to the conditions outlined in Staff’s Report. VOTE: Ayes 5, Nays 0. Leskinen moved, Olson seconded, to recommend approval of Application No. 18-3998, James and Mary Jundt, 1400 Bracketts Point Road, preliminary plat, subject to the conditions outlined in Staff’s Report. VOTE: Ayes 5, Nays 0.