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HomeMy WebLinkAbout04-18-2016 Planning Commission Minutes MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18,2016 6:30 o'clock p.m. Roll Call The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Denise Leskinen, Commissioners Kevin Landgraver, Bruce Lemke, Laren Schoenzeit, and John Thiesse. Representing Staff were Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, City Planner Melanie Curtis, and Recorder Jackie Young. Council Member Lizz Levang was present. Chair Leskinen opened the meeting at 6:30 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA *1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF MARCH 21,2016 Lemke moved, Thiesse seconded,to approve the minutes of the Orono Planning Commission meeting of March 14, 2016, as submitted. VOTE: Ayes 5,Nays 0. NEW BUSINESS 2. #16-3818 SALA ARCHITECTS ON BEHALF OF CHRIS AND LESLIE NEUGENT, 710 BIG ISLAND, VARIANCES, 6:31 P.M.—6:44 P.M. Dale Mulfinger, SALA Architects, and Chris Neugent, Applicant, were present. Curtis stated the property owners purchased the property last year and would like to make modifications to the cabin in order to better meet their family's needs. The changes include expansion of the footprint on the main level to accommodate a main floor bedroom on the west side of the cabin and a screen porch addition on the north side of the cabin. The applicants would also like to construct a detached garage structure on the east side of the lot. The screen porch is proposed to extend approximately five feet lakeward of the 75-foot setback line to utilize the existing two 3' x 3' stone foundation footing blocks remaining from the original cabin. This results in an additional 180 feet of hardcover within the 75-foot setback area. The addition on the west side will not extend beyond the existing covered porch on the cabin and is set back from the 75-foot setback. The proposed 25' x 35' storage garage is situated 76 feet from the OHWL. All of the projects are located lackward of the average lakeshore setback line and variances are necessary. Curtis noted revised hardcover calculations have been submitted and have been distributed to the Planning Commission. The property is situated on the northwestern most point on the western portion of Big Island and the entire is lakeward of the average lakeshore setback line resulting in no legal buildable area. The existing cabin was reconstructed on top of the existing building footprint. The cabin sits as close as 76 feet to the ordinary OHWL. The applicants are proposing an enclosed screen porch to extend into the 75-foot setback. The porch addition results in an increase of 183 square feet of hardcover within the 0 -75 setback area. Page 1 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18, 2016 6:30 dclock p.m. Due to the nature of the lot at the point of the island, there are practical difficulties supporting the average setback variances for the cabin additions as well as the garage. The applicants' desire to utilize the existing footings of the old cabin is consistent with the previous owner's plan to keep the historic footprint of the home. The location of the existing cabin existing right at the lake setback may serve as a practice difficulty for the owners. Staff recommends approval of the average setback variances. If the Planning Commission finds practical difficulties supporting granting lake setback and hardcover variances, a recommendation for approval would be appropriate. The property must conform to the septic system codes. The building permits are subject to approval by the building official. The applicant is working to provide the information to ensure that the septic system is compliant. Landgraver asked if the City has any record of requiring it to be moved back out of the 75-foot setback when it was rebuilt in 2004. Curtis indicated the City did not request that. Curtis noted the cabin was built on the existing foundation and these footings were outside of the foundation. Leskinen asked if there was a structure at one time on the existing footings. Curtis indicated she does not have that information available. Dale Mulfinger, SALA Architects,noted the expansion on the west side is breaking off a portion of the living room and converting it into a library. Mulfinger stated they are relocating the bedroom to the main floor for the property owners' handicapped son and is located within the interior of the home. As it relates to the piers, none of the old photographs they have depicts what was on those footings. Mulfinger stated they are assuming there was a porch there are one time. Chris Neugent, Applicant, stated what appears to be windows in that area are actually doors and open up to the open air. Neugent indicated they would like to construct a porch in that area. Thiesse asked if there will a foundation underneath the porch and whether anyone has actually investigated whether they extend below the frost line. Mulfinger indicated they do go down to the frost line and that they are planning to span to those. The footings are 3' x 3'. Chair Leskinen opened the public hearing at 6:38 p.m. There were no public comments regarding this application. Chair Leskinen closed the public hearing at 6:38 p.m. Leskinen stated as far as the average lakeshore setback variance, that is relatively straight forward, and she does not have any issues with the variance. Leskinen asked if there is enough of a practical difficulty to support the screen porch addition. Page 2 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18,2016 6:30 dclock p.m. Schoenzeit stated because they are using the existing frost footings and extending to it,it would be nice if it did not become a 4-season porch. Landgraver stated he had initially interpreted this to go beyond the 75-foot line,but if it is a seasonal porch extending out to what appear to be existing substantial footings,it is probably okay. Lemke indicated he is fine with the proposal. Thiesse stated his initial thought was that they have plenty of room to the side but that he likes the idea of using the existing footings. Leskinen indicated she does not have any problems with the variance. Schoenzeit stated the recommendation should require that the submitted plans are corrected showing only those footings and not that a poured foundation will be completed. Thiesse stated a foundation of that type tends to collect debris and attract rodents. Schoenzeit stated the consensus appears to be that the applicants can reuse the existing footings but that they are not in favor of having it be a 4-season porch now or in the future. Thiesse stated he would like the next Planning Commission and Council to make that decision and that he is comfortable with the applicants using those footings without any additional stipulations. Schoenzeit stated they need to correct their plans to show that it is not a solid foundation. Landgraver moved, Schoenzeit seconded,to recommend approval of Application No. 16-3818, SALA Architects on behalf of Chris and Leslie Neugent, 710 Big Island, granting of variances, subject to compliance with septic regulations and the submittal of a revised plan showing the expansion to the existing footings not as a solid poured foundation. VOTE: Ayes 5,Nays 0. 3. #16-3819 KEVIN ANDERSON ON BEHALF OF NORTH ARM FARM,LLC, 800 NORTH ARM DRIVE, SKETCH PLAN, 6:44 P.M.—7:28 P.M. Mike Gaffron stated the applicants are requesting a sketch plan review for a 4-acre property proposed to be developed into three single-family residential lots. All lots would be served by a new private road and would be served with municipal sewer and individual wells. Since this is a sketch plan,the neighbors have not been notified of the plans and no formal action is required by the Planning Commission. The property is located on the east side of North Arm Drive near the southeast corner of the Lakeview development. It has frontage on North Arm Bay. That frontage is on the northeast side and along the east boundary. The west half of the property slopes gradually to the east, with steep slopes at the east and northerly shorelines. The area where the north lot boundary nears the lakeshore is likely a bluff by definition. No structures are allowed within 30 feet of the bluff. The property is zoned LR-1B, one family lakeshore residential, and is guided in the Orono Community Management Plan for residential use. The LR-1B District has a number of lots in the neighborhood that are bigger ar smaller than this one, and it would be fair to say that these lots at 1-acre apiece are Page 3 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18,2016 6:30 dclock p.m. considerably long and narrow in configuration. The average lakeshore setback can be a potential issue with these properties and will depend on which lot gets developed first. The westerly two-thirds of the property is generally open, while the steep slope area along the lakeshore of proposed Lot 1 is heavily wooded. The area around the existing house contains a number of mature trees. The shape of the existing property is somewhat of a point jutting into North Arm Bay, and as such, has shoreline running north, south, and shoreline running east-west. The linear shape of the property forces the proposed lots to be long and narrow in order far each lot to have at least 140 feet of width. There are a few small areas of wetland along the northerly shoreline. The property to the immediate north at 790 North Arm is also a lake lot. The property to the immediate south includes two off lake lots and a lakeshore lot. The west half of the property slopes gradually to the east, with steep slopes at the easterly and northerly shorelines. The area where the north lot boundary nears the lakeshore is likely a bluff by definition. The property contains an existing residence and a number of outbuildings that are served by a 700-foot long driveway along the south lot line. A potential issue with the proposed house site on Lot 1 is that no structures are allowed within 30 feet of the top of bluff. The top of bluff wili most likely be defined as the 960' contour. The 30-foot setback would likely force the house further west, away from the lake and closer to the cul-de-sac. Lot 2 contains the existing municipal sewer lines that were installed in 1973. The sewer line crosses the property from north to south and discharges to a lift station at the very north end of the property at the shore, which in turn pumps into a parallel forcemain that runs back up the hill adjacent to the gravity line, discharging to a manhole in Windjammer Lane. The easement for that sewer line is 20 feet wide and no structures can be built over that easement. That results in a proposed house location being restricted to the triangle between the sewer easement and the 75-foot setback. In addition, the Public Works Department utilizes a route outside of that easement due to the topography. It is necessary on a regular basis to bring a truck down to the lift station for maintenance and that route is used since there is no other way to access the lift station. The City needs to preserve this non-easement route for future sewer system maintenance. Lot 3 contains the existing house that was built in 1956. Replacing the house will likely require it to be moved back from the lake some distance as the 75-foot setback line appears to run through the east side of the structure. With or without the proposed subdivision, an average lakeshore setback variance would be required for replacement of this house. The property is located within the MUSA and is intended to be served with public sanitary sewer and private wells. The proposed subdivision would generally be in conformity with the 2030 CMP which guides the property for low-medium density single-family residential use. Although only a small number of homes will be served by the road, City Code requires a road width of 24 feet paved width in a 50-foot road corridar. Given the one acre urban density of the proposed development, it would follow that the road system should be public. However, since recent urban-density developments have been directed by the City Council to be served by private roads, the applicants should be advised to prepare as if the road system will be private. Staff recommends that the road be a public road. Page 4 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18,2016 6:30 o'clock p.m. The road access onto North Arm Drive is outside of a curve and would not be expected to have any sight distance concerns. At approximately 375 feet in length, the cul-de-sac meets the City's 1000 foot maximum length limitation. A potential issue for discussion is that the proposed cul-de-sac location abuts the rear yard of the existing residence at 835 Windjammer Lane. While those owners and their predecessors have experienced a single private driveway at that location since the house at 835 was built in 1969, the driveway at 800 North Arm has existed at its current location since at least the 1940s or earlier. Conversion of the driveway to a road may have negative impacts to those neighbors and consideration should perhaps be given to requiring additional buffering or separation of the proposed road from the south lot line. The cul-de-sac could be moved further north into Lot 1 but that may have additional impacts on the already linear shape of the lots. Based upon the density being proposed, Staff would conclude and recommend that the road be publicly owned and maintained. If the road is deemed to be private, the City will require a road, drainage and utilities easement over the private road, which should be platted as an outlot and designed and built to City private road standards. Standard perimeter drainage and utility easements around all property boundaries, as well as conservation and flowage easements over the delineated wetlands will be required. An additional easement for sewer system maintenance would be appropriate to obtain at the time of subdivision. The CMP does not indicate any future trails along North Artn Drive. No sidewalks exist in this area of Orono and none are contemplated. City Code requires dedication of eight percent of the land as public park or payment of the equivalent value in cash. The anticipated park fee would be $5,550 per lot, for a total park fee of$11,100. The property will also be subject to the stormwater and drainage trunk fee. If the existing residence is intended to remain,the Code would suggest that the fee would be approximately$10,500. If it is removed, the fee would be$15,750. The existing sewer connection for the house on Lot 3 runs across proposed Lots 1 and 2 along the shoreline. Leaving it as is will require establishment of easements between the properties. Adding sewer stubs to serve Lots 1 and 2 is likely necessary and may be difficult since the existing gravity line is approximately l5 to 20 feet below existing grade. Municipal water is not available and not planned to be extended to this area of Orono so private wells will be required. The property contains a narrow strip of delineated wetland along the northerly shoreline, which would presumably remain untouched. The City will require a conservation and flowage easement over this strip of wetland. Due to the need for vehicular access for municipal sewer maintenance,the City will likely require that buffer widths and locations be established in a manner that will accommodate such maintenance. The site is relatively open, with one significant wooded area in the steep slope area directly downhill from the proposed building site on Lot 1. The developer is encouraged to preserve existing vegetation to the extent possible. It is likely, however,that connection to the municipal sewer along the shore will require some disruption to the wooded area. The property will also be subject to the City's Conservation Design Ordinance. Each of the lots will be subject to Tier 1 hardcover limits. Staff recommends the Planning Commission discuss the issues outlined in Staff's report and provide the developer with an overview of the pertinent City ordinances and how they affect the proposed plat. Page 5 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18, 2016 6:30 o'clock p.m. Lemke stated in his view there is a fake easement and a real easement across the property. Lemke asked if the real easement should really be labeled as an easement. Gaffron indicated the real easement is depicted in yellow and is 10 feet on either side of the pipes. The area in green is a path and is not an easement. Over the years there has been a good relationship between the current owner and the City to maintain that sewer. If the sewer cannot be maintained, it likely will stop working and cause issues. Schoenzeit stated it would be better for the new owners to have that access formalized so they understand it is there. Leskinen noted it clear that the topography dictates that access route. Gaffron stated the City does not have the option to come in from the other side since it is fairly steep and that that path has been route that has been used through the years. Landgraver asked if the path could be extended to the red line. Gaffron stated he does not believe that Public Works could negotiate that path since it is very steep in a couple of areas. There is a potential that the driveway to Lot 2 could be utilized. Lemke asked if there is a reason why a formal easement was never obtained for the path. Gaffron indicated he is not aware of the reasons for not obtaining that but at some point an exact route needs to formalized, which could impact the building pads. Lemke asked how far back the house pad will need to be on Lot 1. Gaffron stated if the 960' contour is the actual bluff line, it would be back almost to the 955' or 956' elevation. The house would still meet the setbacks but would be located a little further from the lake. Thiesse commented he does not envision the lot lines for Lot 1 being a major issue. Thiesse asked if the cul-de-sac was drawn by the applicant. Gaffron indicated the original sketch was drawn by the applicant and that he drew out some possible options to see what the impacts would be on the house. Thiesse asked if the shortening of the cul-de-sac would impact the frontage. Gaffron indicated it would not since it would be measured from the shoreline and at the 75-foot setback. Gaffron stated it would not be measured at the cul-de-sac far lakeshore lots. Thiesse noted if the cul-de-sac is shortened and the road is a publicly owned street, it would reduce the City's exposure. Lemke asked if the average lakeshore setback is based on the setback of the existing house from Lot 3. Page 6 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18, 2016 6:30 dclock p.m. Gaffron stated if the existing house remains,then the average setback line for either Lot 1 or Lot 2 would be drawn from a point on the existing house to the new house on Lot 1 or 2. If they are going to remove that house, the setback would be drawn from a different point. If the house is removed,potentially all three homes could be built lakeward of the average lakeshore setback. At that point you would need to look at the impacts on the views by the adjacent properties. Gaffron stated if the Planning Commission is comfortable with the homes being at the 75-foot line and the Commission does not have any concerns about the neighbors' views, then that could be the line and it could be made a condition of the subdivision. Leskinen stated for a subdivision like this, she is inclined to establish something independent from the other average lakeshare setback. Kevin Anderson, Applicant, stated he appreciates the input and that he likes the other possible layouts drawn by Staf£ Anderson asked what the Planning Commission would recommend for a driveway layout. Thiesse indicated he likes the shorter cul-de-sac as depicted in Option A. Leskinen noted Option A would also provide some flexibility for Lot 1. Anderson stated in his view it would also not impact the adjoining lot. Thiesse asked whether the City would be responsible for stormwater treatment if it is a private street. Gaffron indicated it would likely be located on one of the properties and there would likely be an easement over it. Gaffron stated it is likely the City will have to maintain any stormwater system in this area since it is unlikely there will be a homeowners association unless it is a private road. In that case,the City would put the onus for maintenance of the stortnwater system on the homeowners association. Thiesse asked if that would impact the dry buildable area. Gaffron noted there is 1.4 acres for Lot 1 and just one acre each for Lots 2 and 3 so that it could potentially impact the dry buildable area. Gaffron noted the applicant would gain a little bit of dry buildable acreage if the cul-de-sac is moved back. Gaffron stated the Minnehaha Creek Watershed District could also require a rain garden on each of the lots since it could be difficult to divert the rainwater from one of the lots to a pond on another lot. Thiesse stated if the City would allow the applicant to lift the cul-de-sac by around two feet to help with the runoff and eliminate the pond in the middle of one of the lots. Gaffron indicated that is a possibility. Schoenzeit asked if the lift station also serves properties from the other direction. Gaffron indicated it serves approximately eight or ten homes to the north. Gaffron stated it is likely the gravity line serves the Windjammer area. Lemke stated he would like to see that fake easement formalized. Page 7 of 32 . l MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 18,2016 6:30 o'clock p.m. Landgraver asked what the applicants' plans are for the existing house. Anderson stated ideally they would like to build a new house on top of the existing foundation. Landgraver noted there will be a number of easements over Lot 2. Anderson commented that is a little concerning and that they will have to be very creative to get a house within that small envelope. Gaffron suggested the applicant consider realigning the property line slightly to push the house further away from the 75-foot line, especially if the foundation for the existing house is going to remain. Thiesse stated the City should find out what is needed for a path to service the lift station and then formalize that. Schoenzeit suggested a backup generator also be considered, which could reduce the number of trips to that lift station. Gaffron commented there is likely a monitoring system of some type that alerts the City when the power goes out. Anderson asked if the red dotted line could be moved to the west. Gaffron stated that is a possibility and that Staff will need to determine how far to the west they can drive to access the lift station, which would help with the location of the building pad. Anderson stated they could also consider constructing an end-loading garage on the far west side of the lot. Landgraver asked what the applicants feel about the impacts to Lot 1 with the bluff. Anderson noted he was unaware of the 30-foot setback but that the house would be brought forward if Option A is used. Anderson stated they could also attempt to put a rambler in there rather than a two- story. Thiesse noted anything within the 75-foot setback is regulated by the City. Landgraver asked if the City mandates that the sewer line far Lot 2 connect to the existing gravity line or the lift station. Gaffron indicated that decision cannot be made at this point. Anderson stated if they are going to construct a house on top of the existing foundation,he would like to explore the possibility of putting in a lift station in that existing house. Gaffron stated another option would be to consider individual grinder stations if it is too expensive to connect into the existing gravity line. Page 8 of 32 - MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18,2016 6:30 dclock p.m. Schoenzeit recommended the drainage be dealt with on each individual property. Anderson indicated he likes raising the cul-de-sac and moving the stormwater pond as far west as possible. Thiesse recommended the developer also take into consideration the headlights from vehicles if he raises the cul-de-sac. Landgraver asked what the applicant's thoughts are about a private road versus public. Anderson stated he would prefer to go with a private road since it would be less costly. Gaffron noted the costs are fairly similar, with the private road being slightly lower since it would not need to be 28 feet wide,but that a cul-de-sac would still be necessary. Gaffron stated given the relatively short length of the road, it is likely the City Council would require the road be private. Lemke asked if there will be separate driveways for all three homes. Anderson indicated given the price point of the homes, the purchasers would likely prefer their own driveway. The Planning Commission took no formal action on this item. 4. #16-3821 TIM AND MARY BECKER, 1565 FAIRVIEW COTTAGE LANE, CONDITIONAL USE PERMIT, 7:28 P.M.—7:35 P.M. Tim Becker, Applicant, was present. Gaffron stated the applicant is requesting conditional use permit approval far installation of a full bathroom, including a toilet, sink and a shower/bathtub in a proposed 1,000 square foot detached garage on the property. A total of 2.0 acres is required in arder to permit a guest house conditional use permit. The property is 1.2 acres in area and is therefore not eligible far a guest house conditional use permit. The property is a lakeshore lot with an existing house. There is also a drainageway on the property shared with the neighbor to the immediate west which likely will not cause any issues. The proposed detached structure consists of a three-stall garage with a bonus room above it to be used as a hobby/studio area. While this space will contain the physical features that might make it seem attractive for use as a dwelling or base for a home occupation, such uses will not be allowed and the property owner will be required to execute covenants prohibiting such uses. Hardcover and structural coverage will be within the 25 percent and 15 percent limits. Gaffron displayed the layout of the second story of the building. Planning Staff recommends approval of the conditional use permit far plumbing, including a bathtub or shower, within the proposed detached accessory garage structure subject to the conditions that the owner execute a covenant to be filed in the chain of title establishing the following: a. Used for a home occupation unless specifically approved by the City or if allowed by this Code. Page 9 of 32 I MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18,2016 6:30 o'clock p.m. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. Leskinen asked if all other setbacks and criteria are met for the home itself and whether this application is merely for the plumbing. Gaffron indicated that is correct and that the applicants are only requesting a conditional use permit for the bathroom in an accessory structure. Gaffron noted the applicants would only be allowed a sink without a variance. Tim Becker, Applicant, stated he is here tonight to answer any questions the Planning Commissioners might have and that he is fine with Staff's recommendations. Chair Leskinen opened the public hearing at 7:33 p.m. There were no public comments regarding this application. Chair Leskinen closed the public hearing at 7:33 p.m. Leskinen indicated she does not have a problem with the application as long as the covenant is filed on the chain of title. Landgraver moved, Schoenzeit seconded,to recommend approval of Application No. 16-3821, Tim and Mary Becker, 1565 Fairview Cottage Lane, granting of a conditional use permit, subject to the property owner executing a covenant restricting its use as a guest house or used for a home occupation. VOTE: Ayes 5,Nays 0. 5. #16-3822 CURT FRETHAM OF LAKEWEST,LLC,3245 WAYZATA BOULEVARD WEST, COMPREHENSIVE PLAN AMENDMENT, REZONING FROM RR-1B RURAL RESIDENTIAL DISTRICT TO RPUD, RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AND CONCEPT PLAN/PRELIMINARY PLAT APPROVAL, 7:35 P.M.— 10:00 P.M. Curt Fretham, Applicant, was present. Gaffron stated the applicant is requesting the following approvals for a proposed 27-lot single family residential development: 1. Amendment of the Orono Comprehensive Plan (CMP)to allow development of the property at a density of approximately 5.5 units per developable acre for this property which is guided in the CMP for development at a density of 10-15 units per acre, and to allow single-family dwellings in place of the multi-family dwellings currently guided in the CMP; 2. Preliminary plat approval far a 27-lot single-family residential subdivision; and 3. Rezoning to Residential Planned Unit Development(RPUD). The property is the former Eisinger site and is located on the south side of Wayzata Boulevard, north of the new Highway 12 corridor. This is an area of the City that in the 2030 Comprehensive Plan was Page 10 of 32 MINUTES OF TAE ORONO PLANNING COMMISSION MEETING Monday,April 18, 2016 6:30 o'clock p.m. reguided for higher density at 10 to 15 units per acre. The City Council agreed to the higher density and put in place a plan that would allow one or two multi-tenant buildings in the area of the property that is not within the former landfill. The area that is not being developed at this time is the former landfill site that was operated back in the 1960s and 1970s. The landfill has been capped and the applicant has spent quite a bit of time determining the boundaries of the landfilled area. The portion of the site proposed for development at this time is high ground overlooking the wetland and sitting 10 to 15 feet above Wayzata Boulevard. The site being developed is a former homestead and the site contains a number of mature hardwood trees surrounded by areas of low vegetation formerly maintained as lawn. The southwesterly portion of the property used to be a landfill for a number of decades and is currently open space with volunteer tree growth at its perimeter. The existing trees near the south side of the property provide some measure of visual and sound buffering to the Highway 12 freeway. The southerly two-thirds of the property contain a significant area of wetland, a portion of which was filled as a demolition and/or general landfill during the 1960s-1990s. While no existing wetlands are being impacted by the proposed development,the applicants are proposing substantial areas of wetland buffer to be preserved or established along the entire wetland boundaries of the property. Wetland buffers are shown at 40 feet in width along the portion of the property being developed. Where the 40-foot buffers are proposed building setbacks are shown as meeting the City required 10-foot setback from the edge of buffer. The City will require a Conservation and Flowage Easement over the wetlands being preserved. It is likely a majority of the mature hardwood trees will be removed in order far the development to occur. The existing trees along Wayzata Boulevard are also at risk of being removed and quite likely to the point where the existing level of screening between the highway and the proposed development will disappear. In its place, the applicants are proposing to provide vegetative screening but no berm or other visual/traffic noise screening is proposed. It has been the City's practice to rezone properties in the Highway 12 corridor area at the time an acceptable development plan is approved. Because this property has never been rezoned to match the CMP-guided density, the current application includes a request for rezoning. The application will be processed as a rezoning to RPUD and review will be guided by the RPUD standards. The RPUD District contains detailed development standards with regards to lot size and setbacks, building design, landscaping, screening and buffering, and trails and recreation. The RPUD District also offers flexibility as a planned unit development process in that variances from the standards are considered as elements of the RPUD zoning rather than as variances. The property does meet the minimum acreage standard established within the Zoning Code to be eligible for RPUD rezoning and exceeds five acres in area. Proposed Lot 1, Block 3, is approximately 200 feet from the estimated OHWL contour. The Planning Commission should discuss whether Block 3 should be reconfigured so that no parts of the proposed building lots are within 250 feet f the OHWL. This likely will require additional survey work to establish the location of the OHWL on the north side of Wayzata Boulevard. Also for discussion is whether to rezone the entire site to RPUD or just the area being developed. Although the approvals being requested at this time do not include development of homes in Outlot A, Page 11 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18, 2016 6:30 dclock p.m. stormwater facilities to serve the area being developed will be within Outlot A. If a future multi-family development of a portion of the landfill site occurs, it likely will require RPUD rezoning at that time. The proposed development concept will require a significant departure from the RPUD District lot standards for individual home sites. Flexibility will be required for minimum lot size, minimum lot width at the setback line, minimum lot depth, minimum front building setback, minimum rear ar side setback to Wayzata Boulevard, minimum side setback to internal streets, minimum side yard setback, minimum rear yard setback, and building height. The proposed single-family development is not similar in character to surrounding development. To the immediate north across Wayzata Boulevard is mostly undeveloped. To the east is the Dumas Orchard which is guided for medium-high density residential at 7-10 units per acre. To the south is Highway 12 and Burlington Northern Railroad corridor. To the west is wetland and the Highway 12/CR 6 interchange. To the northwest across Wayzata Boulevard is Lurton Park. The applicants have submitted a Conservation Design report. The report appears to be limited to an inventory of vegetation types with a relatively minimal level of analysis. The City's consulting engineer has provided some comments on the plan and has recommended the plan be revised to include more complete recommendations and direction to address invasive species,protection of significant tree stands, and protection of wetlands. The applicants have submitted grading and drainage plans and calculations. The City's consulting engineers have determined the plans generally meet the City's requirements. A majority of the runoff will be directed to a stormwater ponding area located west of the site in Outlot A which ultimately discharges to the wetland. The storm sewers and stormwater management facilities will be subject to standard drainage and utility easements. Municipal sewer and water utilities are proposed to be extended westward from the intersection of Old Crystal Bay Road and Wayzata Boulevard to serve development at this site and properties further east. The CMP does not indicate any future public trails along Wayzata Boulevard at this location. The property is southeast of Lurton Park, which is accessible to the property primarily by vehicle. Pedestrian access to Lurton Park is not being proposed by the City or Hennepin County at this time. The City Code requires dedication of eight percent of the land as public park or payment of the equivalent value in cash. The CMP does not indicate any future public trails along Wayzata Boulevard at this location. This proposal is scheduled to be reviewed by the Park Commission at its May meeting. The layout and shape of the lots being proposed far this site is driven by a number of factors,including the following: -Location of wetlands and the narrow linear nature of the high ground; -The busy arterial roadways to the immediate north, south, and southwest; -A desire to provide single-family homes at a density that necessitates minimal separation between homes; -A desire to orient the homes in a manner that provides views from multiple angles rather than the standard front/rear views of conventional row homes; -The need to accommodate off-street parking. Page 12 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,Apri118, 2016 6:30 o'clock p.m. The site layout shows two road entrances onto Wayzata Boulevard,plus a segment to the southwest for potential additional parking areas and to provide future access to a possible multi-family building. The angled or z-shaped lots allow for additional outside views from within the dwelling units. As a result of the lots being angled,the driveways can become more elongated to allow for off-street parking of at least two vehicles within each lot. A potential downside is that the driveways directly abut the neighboring residence parcel and aim headlights into windows likely to be located on the ends of some of the homes. Eleven of the 27 units will have their rear yards facing Wayzata Boulevard. Most of these homes have been located to have a 40-foot setback from the right-of-way of Wayzata Boulevard where the RPUD standard is 50 feet. Traffic noise may be an issue with just the vegetative buffer. The homes facing the wetlands appear to be set so that each would have at least a 10-foot mowable, walkable yard between the home and the wetland buffer. A majority of the proposed buildin�lots have a functional width of 40 feet rather than the 90 feet width required with an RPUD. These lots are designed to maintain separation of 10 feet between buildings which is necessary in order to accommodate the proposed density. Increasing the setbacks would likely result in fewer homes and a further reduction in density. In order to prepare the building pads,the high ground adjacent to Wayzata Boulevard will be excavated as much as six to ten feet, ]eaving the homes at an elevation of four to six feet above the highway. Parts of the developing area will be filled to allow for acceptable road grades and basements. The internal road system serving the development is proposed to be private. This is inconsistent with the provisions of the CMP Transportation Plan in Urban Transportation Polices. Due to the number of units to be served,the internal road system would appear to qualify as a public road. Due to the unusual lot configuration and the proposed 40-foot road corridar,the applicant is proposing a 28-foot road width. A public road serving this many homes would have to be 32 feet wide. The applicants are also required to submit evidence that Hennepin County will allow two access points for this development. The second access is desirable from a circulation and emergency access standpoint, and lack of a second access would require a loop ar cul-de-sac to be incorporated into the plan and possibly an emergency-access-only or right-in/right-out configuration for the secondary access. The Planning Commission should discuss the various items outlined in Staff's report as they relate to the Comprehensive Plan Amendment, the rezoning from RR-1 B to RPUD, and the preliminary plat review. Staff recommends approval of the Comprehensive Plan Amendment,with the condition that the City should identify alternate sites for higher density development. Staff also recommends approval of the rezoning to RPUD, with formal approval being given at the time of fmal plat. If the Planning Commission concludes that the proposal as presented is acceptable and can be moved on to the City Council far review of preliminary plat approval, Staff would suggest the recommendation at a minimum address the following: 1. Flexibility for the requested specific RPUD lot and development standards; 2. Adequacy of Conservation Design Master Plan; 3. Internal road system to be private; Page 13 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18,2016 6:30 o'clock p.m. 4. Preliminary plat to be reviewed by the Park Commission and Fire Chief for comments and recommendations prior to Council review of the preliminary plat; 5. A 10 percent private recreational space requirement; and 6. Acceptability of the conceptual house and driveway orientations, designs, and configuration. Schoenzeit asked if turn lanes will be added given the 55-mile-an-hour speed limit in this area. Gaffron stated Hennepin County will need to approve the access points and that it is likely they will require turn lanes. Landgraver asked if the City assumed the whole site was buildable based on the guided density. Gaffron indicated the City assumed that approximately five acres was developable and not the landfill area. Gaffron stated the landfill area, if it can be mitigated, will become part of the buildable area. Lemke asked if there are any plans for pathways to get from this development eastward. Gaffron stated there are no plans currently but the Council did request an easement for the potential of a future trail from the Orono Preserve property in this area. Until the Dumas property is developed, there would be nowhere for the trail to go and would not connect to anything. Gaffron stated at the present time there is no plan for a trail along this site and there are a number of issues that would need to be addressed in order for the trail to be constructed. Lemke asked if there is a requirement for a trail easement for this application. Gaffron indicated there is no requirement but that the Planning Commission can request one be granted. Landgraver asked what the density is across the street. Gaffron indicated there is a house on that property currently and the site is guided 2-acre minimum single-family residential. There is no intent at this time to change the zoning or guiding to match the density across the street. Gaffron stated one of the concerns is whether the City wants higher density overlooking Classen Lake. There is also no intent at this time to extend the sewer line to that area. Landgraver commented the City keeps kicking the can down the road on density and that they are running out of options far higher density. Landgraver stated the density issue needs to be addressed sooner rather than later. Ben Wickstrom, Lakewest Development, stated most everything has been touched on in Staff's report but that he will touch on a couple of items. Wickstrom indicated they would be happy to have higher density on the landfill site. Wickstrom stated he understands Orono Preserve is at 3.1 units per acre and that this development would be five units per acre but it was originally guided for 10 to 15 units per acre. The landfill area does open it up for some higher density. Wickstrom noted the building parameters far the landfill site limits the footprint for the multi-family building to 42,000 square feet,two stories in height, and up to two buildings. Wickstrom stated if the Page 14 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18, 2016 6:30 o'clock p.m. Planning Commission would like them to consider additional parameters for that landfill site, they are willing to consider that. Wickstrom stated generally the reason for the 250' RPUD setback from Lake Classen is less aesthetics and more the stormwater impact on the wetlands. All of the runoff will be directed to the south into the stormwater pond and there should be no impacts to the wetlands. Wickstrom indicated they can work with Staff on the configuration if the Planning Commission would like the configuration revised. Wickstrom stated he understands the park fee will be determined at a future time. If the City finds that any of the extra land is desired for a park, they would be willing to entertain that. Wickstrom stated in his view a land donation would be a win/win for everyone. Wickstrom noted Mr. Gaffron mentioned rezoning the entire site to RPUD would not be done at this time. Wickstrom asked if the specific development parameters would be a different process for Phase 2. Gaffron stated it would likely still be an RPUD but that the City would want to look at a separate review process and separate parameters for how Phase 2 is developed. Gaffron stated the City could include the landfill site as an RPUD at this time and only have the standards apply to Phase 1. Wickstrom stated they have attempted to limit any impacts to the wetlands as well as the other sensitive conservation areas. Curt Fretham, Lakewest, LLC, stated as it relates to the lot layout, it is a little unique but it has to do with widening out the building pad and providing a wider view point The layouts range in size from 2,400 square feet up to 2,700 square feet on some of the larger lots. The footprint for the one story ranges from 1,500 to 1,800 square feet. Fretham noted some of the homes will probably be walkouts. Fretham noted the packet contains some of the different layouts they have submitted and that they have attempted to come up with some design criteria that is appealing with a variety of architectural features. Landgraver asked if there is an easy way to know where the different house styles will be located. Fretham stated the one-story homes will tend to be on the south side of the road and that the homes on the north side will have a full basement with two stories. Schoenzeit asked what the price range will be. Fretham stated they believe the homes will be around$600,000. Schoenzeit asked what type of materials will be used on the exterior. Fretham indicated it will be Hardy, brick and stone. Lemke asked if there will be curb and gutter. Fretham stated there will be. Gaffron asked whether any fencing is being considered and/or covenants regulating the fencing. Page 15 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 18, 2016 6:30 o'clock p.m. Fretham stated on projects like this it would be difficult to install a fence, especially given the Z-lot. There will be some screening along Wayzata Boulevard but they have not really gotten that far on the design. Fretham stated he does not really envision very much fencing but they have not added any fencing to their landscape plan at this time. Gaffron asked what the impact would be if the City decided to require a 10-foot trail easement along Wayzata Boulevard. Fretham stated that would be very dramatic,to the extent that they would likely have to scratch the plan. Fretham noted Hennepin County has an extra wide right-of-way in that area. Gaffron asked whether they have any expectation that the County will have an issue with the second access,its location, and whether or not they will require turn lanes. Marty Campion, Engineer, stated he expects the County will require turn lanes and that the current right- of-way should be sufficient to construct tbose and not impact this design. As it relates to the second access point, Campion indicated he is not sure how the County will react to that. Campion noted two access points would be better from a safety standpoint. Gaffron asked if there is a possibility of one of them being a right-in/right-out. Campion stated there is. Gaffron stated in his view it is a better plan with the two accesses but he is not sure how the County will feel about that. Landgraver stated it is likely that Phase 2 would also have a big impact on that as well. Lemke asked if Staff is comfortable with the off-street parking. Gaffron indicated parking will be limited on the driveways and that it is helpful to have the side-loading garages to allow for more off-street parking. Some of the driveways will be able to accommodate mare cars than others. Campion stated they prefer the side-loading garages and that it is important to keep the driveways on the individual lots, which is part of the reason for the Z-lots and the side-loading garages. Campion stated there is an opportunity on some of the lots to flatten out the curve in the driveway and still keep it in the lot. On Lot 4 there is some room between the property line and the west edge of the driveway to flatten it out a little bit. Campion stated there are some things they can do to mitigate the sharpness of the curve. Gaffron noted headlights will shine into the garage level of the next unit in some cases and screening would be desirable. Campion pointed out as it relates to the Z-configuration, they paid particular attention that the portion of the building does not extend into the view shed of the adjacent lot. Leskinen stated given the Z-lots, it is likely snow removal will be a challenge. Page 16 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18,2016 6:30 o'clock p.m. Campion noted the driveways are 30 feet apart down at the street but that up by the homes there is less room and some consideration will have to be given not to blow snow onto the neighboring lot. Campion stated they also have the landfill site to store snow on. Thiesse asked if the landfill site is impervious and whether their stormwater pond will be on top of any of that. Campion indicated the stormwater pond will be at the edge of the landfill area and that they are going to be following a remedial action plan to deal with any debris that may be uncovered as part of that process. Thiesse asked if the landfill is relatively stable. Campion stated to his understanding it is. Chair Leskinen opened the public hearing at 8:20 p.m. Allan Engleman noted there are 27 homes being proposed, with a minimum of 27 cars, and a driveway on each lot. Engleman stated there should be no building on the site unless turn lanes are constructed given the school traffic and other traffic in the area. Engleman noted there is also a high pressure sewer main located on the south side of the highway. Engleman asked where the right-of-way is where a turn lane can be put in. Engleman stated they will not be able to put a turn lane on top of the sewer main. Gaffron stated the developer will need to investigate that and determine where the sewer main is located in that area. Gaffron stated the sewer main is not located underneath Wayzata Boulevard and is located underneath the shoulder. Gaffron stated that is one of the questions that will need to be answered. Engleman stated if they take 50 feet from the center line, that will take some of this property. Engleman stated given all the hardcover proposed for this site, there will not be a drop of water that can hit the ground in this development. Engleman noted they are then going to take the runoff over to the pond. Engleman asked how deep the pond will be. Engleman stated they cannot dig down into the dump due to the contamination and that he has seen mattresses and other items dumped in there. Engleman stated it was supposed to be a dump for building demolition. Campion stated it is his understanding that if the area is mitigated,the debris would need to be removed. On the edges it is anywhere from 10 to 12 feet deep. Campion stated what they are proposing will be along the edges so it will not be as deep. Campion indicated he is not familiar with everything that will have to be done to mitigate it. Engleman stated in his view that stuff should be considered prior to moving forward with the development. Chair Leskinen closed the public hearing at 8:28 p.m. Leskinen stated the Planning Commission should start with the Comprehensive Plan Amendment and that a number of questions have been outlined in Staffls report that the Planning Commission should focus on. Leskinen suggested the Planning Commission discuss the density first. Page 17 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18, 2016 6:30 o'clock p.m. Schoenzeit stated in his view the City has to get to the bottom of whether the Metropolitan Council is serious about the density guidelines. If t17e Metropolitan Council is serious about the density, the City should be looking at Phase 2 since some portion of that could be tied into this approval. Schoenzeit commented it is likely it will not be developed at a higher density later on and that the residents would be opposed to it if it is not tied into Phase 1. Thiesse noted the City looked at this area and thought 10 to 15 units per acre was a nice density. Thiesse stated he is not sure where else in the City higher density could work if it does not work on this site since it is more conducive to high density. Leskinen stated to her recollection the City saw a proposal approximately two years ago and it consisted of multi-family homes. Gaffron stated to his recollection those were all single-family homes and that the Comprehensive Plan shows two multi-family buildings for the landfill site. Thiesse asked what the density is for Stone Bay. Gaffron stated if the lofts are included, it is approximately six units per acre. Gaffron stated to his knowledge the twin homes are three to four units per acre but that overall it is about six. Lemke stated he has a concern that the Planning Commission has already provided direction to have lower density on this site and that in his view this is not a higher density location given the fact that there are no stores nearby or other things that are more attractive to higher density. Lemke asked whether the Planning Commission can deny the application just based on the density since the City has already provided direction on it. Leskinen asked if there is anywhere else in the City where higher density can go. Leskinen stated sooner or later the City will run out of places. Leskinen asked what the fallout will be if the City does not have higher density in this area. Gaffron stated the City made the application to the Metropolitan Council approximately three weeks ago on the Orono Preserve project and that he is hopeful he will hear back soon. Gaffron stated the possibilities range from the Metropolitan Council saying they are fine with it to requesting that the City designate other areas or to denying the lower density. Schoenzeit stated in his view this development is a non-starter without the turn lanes and that that should be figured out first. Gaffron stated Hennepin County would have the discretion to determine whether turn lanes will be allowed or not and that the applicants have been advised that they need to talk with the County. Leskinen stated traffic issues are one reason for the lower density. Landgraver stated upon further reflection, in his view the density that was guided for this area would present some safety issues if the speed limit stays at 55 miles per hour. Landgraver stated the City is attempting to make it less dangerous with the lower density and that it is really beyond the Planning Page 18 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 18,2016 6:30 dclock p.m. Commission's pay grade to designate other areas within the City for higher density. Landgraver stated in his view the proposed use does provide some higher density and that the proposed density is reasonable for this site. Leskinen noted the potential for higher density in Phase 2 will offset this lower density. Leskinen stated the City has to guide for higher density but that they do not necessarily have to build to that level. Barnhart stated the City has to provide those opportunities and that the challenge from Staff's perspective is that the City is running out of areas to provide those opportunities. Barnhart stated the other question is whether the City wants to provide more affordable housing for the people who work in the area. Schoenzeit stated at $600,000, this will not be affordable housing for most people. Schoenzeit stated at some point the numbers are not going to work for the suggested density by the Metropolitan Council and that the City needs to understand what the ramifications will be if they do not meet that density. Lemke commented the City needs a developer that will make money on high density, and given the property values in the area, it is difficult to do. Leskinen asked if the Planning Commission is agreeable with the Comprehensive Plan Amendment. Schoenzeit stated he is not comfortable kicking the can down the road anymore until there is more definitive feedback from the Metropolitan Council. Landgraver stated this proposal is the best plan the City has seen for this property and that they are looking at economic reality and what the greatest amount of density can be. Landgraver stated in his view this plan is reasonable but how the Metropolitan Council operates is unknown. Landgraver indicated he would be comfortable to allow this to go forward. Lemke stated he likes the layout and the design. Lemke noted this is something the City has been talking about for over a year and the proposed density is what the Planning Commission said they wanted to see for this property. Lemke stated in his view higher density is an issue for the City Council to explore. Thiesse stated this is the density he would like to see for the site but that in his view the Planning Commission is also responsible for creating areas of higher density. Thiesse suggested Staff bring some options forward at some point in the near future. Gaffron indicated Staff does have some ideas for possible higher densities and that it should be dealt with fairly soon. Landgraver stated it might be that higher density is just not economically feasible. Leskinen indicated she is in agreement with the comments of the other Commissioners, and that if multi- family is not economically feasible, then it does not make sense to try to raise the density on the subject property. Landgraver stated he would prefer to wait to make a motion on the Comprehensive Plan Amendment until they have discussed the other elements of the development. Page 19 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 18,2016 6:30 o'clock p.m. Leskinen asked if the Planning Commissioners are okay with the rezoning to RPUD. Leskinen stated in her view the RPUD makes the most sense for this particular property and provides the most flexibility. Schoenzeit stated the 250-foot setback on the corner lot is not an issue in his mind. Gaffron stated he does not believe it would be a huge implication and that they could call it out as a variance to the RPUD standards. Thiesse asked what the intent of the 250-foot setback is. Gaffron stated at the time the RPUD standards were adopted,the 250-foot setback for RPUD from lakes was to limit visual and environmental impacts to the lake. Gaffron noted those impacts can be handled in other ways, such as stormwater ponding ar rain gardens. Thiesse stated based on the intent of the setback, he is comfortable with reducing the setback for that lot. Leskinen asked if the entire site should be rezoned at this time and whether the City would still have flexibility for the potential mitigation of Phase 2. Gaffron indicated they would and that it could be similar to what occurred in Stone Bay. Gaffron stated the entire site could be rezoned to RPUD, with standards just being set at this time far Phase 1. Schoenzeit and Landgraver agreed that is a good way to proceed. Leskinen asked if the Planning Commission feels the road should be public or private. Landgraver stated what he heard is that one possibility is that higher density housing will be developed in Phase 2 and that there might also be a park, which would influence the decision on whether the road should be public or private. Schoenzeit stated another question is whether there will be a homeowners association that will be doing the snow plowing, which is not a public road situation. Campion stated the intent would be to have a homeowners association and that there would be common plowing. Gaffron stated the Comprehensive Plan suggests at this high density that it should be a public road but yet in projects such as Stone Bay, the City made those roads private. Part of the reason for that was the narrowness of the road and no on-street parking. Gaffron stated it would have been difficult for the City to maintain those roads due to the narrowness. Landgraver stated based on potential future public use,the western road would logically be a public road. Gaffron stated the ability to make it a public road in that section would make sense. Gaffron stated if it is a private road, the City would still be looking for underlying road and utiliry easements. Gaffron noted in order for it to be a public road, the corridor would need to be 50 feet and that the applicant is only proposing a 40-foot corridor, which is another reason to make the road private. Page 20 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18, 2016 6:30 o'clock p.m. Leskinen stated one concern she has with it being private initially is whether they will get resistance from the homeowners if it is later made a public road. Gaffron stated the question is whether the Planning Commission is comfortable with the width of the road given the number of units,with the potential for perhaps twice as many units down the road in Phase 2. Gaffron stated another factar is how close the homes are to the street, especially if it is a public road. Schoenzeit concurred the tight corridor is a concern given the number of units. Leskinen stated the general design and location of the dwelling units is another issue for the Planning Commission to consider. Leskinen indicated she is fine with the Z-lots and the garage locations to provide additional parking. Leskinen stated in her view they are very close together but that is a function of the higher density. Leskinen asked how far apart the homes on Maple Place are. Gaffron indicated the homes on Maple Place are ten feet on each side or 20 feet apart, and that the setback propose for this development are only five feet on each side, ar a 10-foot separation between buildings. Landgraver commented the layout attempts to mitigate the distance between the homes. Gaffron stated they could connect every second group of homes, which would gain ten feet,but it would change the whole nature of the design. Thiesse commented it would also impact the financial aspect of the development for the developer. Landgraver asked what Orono Preserve's setbacks are. Gaffron stated the majority of them had I S or 20 feet between buildings, with some units having a 10-foot separation. Campion noted there is a greater demand for the single detached units than a twinhome. Leskinen asked whether the 10 to 15 feet from the wetland buffer is acceptable. Schoenzeit stated that comes with the design. Landgraver stated he is more concerned about the distance of the homes from Wayzata Boulevard. Leskinen asked if the Planning Commission is fine with a 10 percent park dedication fee. The consensus of the Planning Commission was that the walking trail,the small private park and play area would meet the 10 percent recreation area requirement. Leskinen stated another issue raised by Staff is the grade change and removal of existing trees along Wayzata Boulevard, which will significantly change the visual character of that section of Wayzata Boulevard. Leskinen asked whether any of the Commissioners has any concern with that. Schoenzeit stated the berm would help protect the view. Page 21 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18, 2016 6:30 o'clock p.m. Thiesse stated the land would still be higher on the other side of the road given the topography. The consensus of the Planning Commission was that they have no concerns about the grading and removal of existing trees along Wayzata Boulevard. Leskinen noted the Conservation Design Master Plan should be revised to include more complete recommendations and direction to address different aspects of the site. The Planning Commission had no issues with that requirement. Leskinen asked whether the Planning Commission is okay with the requests far flexibility in terms of FAR, hardcover, and building height. Thiesse stated the flexibility is acceptable but that there should be some limitations. Schoenzeit noted there likely will be some three-story homes in this development and that is a concern. Schoenzeit stated he is okay with the 30 feet but that the homes should not be higher than that. Campion stated one of the issues he encountered on his last project in Orono was the three-story limit. The Z-design exposes a lot of the side of the house to a walkout elevation because it has to match the elevation of the adjacent house. Campion stated based on how the City measures that, there could be an issue with the Z-lots. Campion indicated they do not want anything that looks ugly and sticks out of the ground but that they do want the walkouts. Schoenzeit stated they may have to go to lookout versus walkout and that the City should hold the line on the basements. Thiesse stated if there are 8-foot high ceilings, with 2-foot floor joists going across,that would be 10 feet. If you go down six feet, anything that is more than four feet exposed will be considered. Thiesse asked if 50 percent or more of the foundation will be exposed two to four feet above the floor. Campion stated they are more walkout lots and that he would like to address that now. Campion noted the sketch also does not show the bump-out. Gaffron stated the choices are to make the grading plan that is proposed work for each house or ask far flexibility knowing that some of the homes will have more than 50 percent of the lowest level sticking six feet out of the ground. Schoenzeit stated the bump-out is the worst case since it will be sticking out and sized at l 0' x 10', which would be three stories on at least two of the sides. Campion stated it could potentially be everything on the south side that would be impacted. Campion stated someone will see a typical walkout unit but the issue is how it is measured. Thiesse commented it will be very visible from the highway. Leskinen noted Commissioner Schoenzeit suggested 30 feet and allowing the developer to do what he wanted to do with that height. Page 22 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 18, 2016 6:30 dclock p.m. Schoenzeit stated at$600,000, the property owner is going to want a larger house,which likely will result in the house going up. Without a basement, they will lose 1,500 square feet as well as the utility room. Campion stated given the topography, the homes on the south side will need to be walkouts. Campion noted there is also 37 feet of grade change between the high point and the wetland along Wayzata Boulevard. Campion stated that grade change is necessitating the low side be full basements with walkouts. Schoenzeit stated there is some flexibility with the high density,but that everyone should know that these will be three-story structures and not a basement with two stories since that lower level will be more exposed. Leskinen asked whether the Planning Commission is comfortable with that regardless if they call it three- story or a walkout with two stories about it. Thiesse indicated he is in this case. Schoenzeit repeated it is a three-story building and that it should be known that the City is allowing three stories in this development. Landgraver stated he is having a hard time with it since it will be so visible to anyone driving by and that the City has not allowed other three stories elsewhere in the City. Schoenzeit stated this is a special development and this is a feature that is part of the development. Schoenzeit stated without that feature, they will not be worth the$600,000. Gaffron noted the majority of the homes in Stone Bay that are along Kelly Parkway probably do not meet the standards for a basement being a basement but yet they were approved. Gaffron stated it is not precedent setting and is one of the factors that makes it possible to do the higher density. Thiesse stated he wants it known that the Planning Commission was aware of that. Leskinen stated that is also the only way the configuration of the development works and that the higher density is dictating it. Gaffron stated the separation from the freeway would also support it. Campion indicated the separation is 800 to 900 feet. Landgraver stated he is opposed to it and that in his view it could be precedent setting. Leskinen noted it would not be precedent setting since a very similar situation exists in Stone Bay. Leskinen asked if the Planning Commission has any other issues or concerns with the development. Landgraver stated in his view having a trail would help keep people off of Wayzata Boulevard and that he would be in favor of it as well as the private park. Landgraver stated people are not going to walk their dogs on Wayzata Boulevard and that there should be a trail or sidewalk system in this area. Page 23 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, Apri118,2016 6:30 o'clock p.m. As it relates to how deep the stormwater ponds should be or what happens if they dig down and find some debris, Landgraver stated during this process there should be some review of those issues. Gaffron stated the Watershed District as well as the City Engineer will review all that. Gaffron stated in terms of how that relates to the underlying debris, there will need to be some type of review. Schoenzeit stated a pond that is designed to percolate should not be allowed to become a leach field and that there needs to be some maintenance of that pond. Campion stated due to the soils on the site, infiltration will not occur and that it is designed as a filtration pond. Landgraver moved, Thiesse seconded,Application No. 16-3822, Curt Fretham of Lakewest,LLC, 3245 Wayzata Boulevard West,to recommend approval of the Comprehensive Plan Amendment as outlined in Staffls report with the caveat that the City should identify alternate sites for higher density development. VOTE: Ayes 4, Nays 1, Schoenzeit Opposed. Lemke moved,Thiesse seconded, Application No. 16-3822, Curt Fretham of Lakewest, LLC,3245 Wayzata Boulevard West to recommend approval of rezoning the entire site from RR-1B to RPUD. VOTE: Ayes 5,Nays 0. Leskinen stated the fmal piece is the preliminary plat. Leskinen asked whether a determination should be made now on whether the road should be public or private. Gaffron indicated the City Council will need to make that final determination but that a recommendation from the Planning Commission would be helpful. Schoenzeit recommended the road be constructed to public road standards so it can be adopted at some point down the line if necessary. Thiesse commented he is not sure it can be constructed to those standards. Schoenzeit stated it can be built to public standards on the western side. Campion indicated those homes can be moved further west. Campion stated the setbacks would become an issue if the road is built to 32 feet with a full right-of-way. Thiesse commented he would hope the City would be flexible on the setbacks if they require the wider width. Gaffron stated if the County is okay with a second access,the Planning Commission is suggesting that that portion of the road be made wider. Gaffron stated if the corridor is made wider,that would push the homes to the west. Lemke stated if there is no secondary access,the layout would change quite a bit. Campion stated they could probably do some sort of T-turnaround if there is not a second access, which would meet the typical emergency vehicle turnarounds. Page 24 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18,2016 6:30 o'clock p.m. Schoenzeit stated there should also be a determination on the turn lanes prior to this going to the City Council. Campion indicated he sent a letter to the County approximately three months ago but have not heard back. Gaffron stated he will contact Hennepin County to see whether he can get an answer on that. Landgraver stated a second access is also a safety issue. Landgraver noted in the past the City has approved plats thinking that the access will be approved by the County and that he is okay with advancing the application even though the second access issue is not resolved. Thiesse asked if there should be a 50-foot right-of-way as well. Thiesse stated in his view the right-of- way should be reduced since the utilities will be under the road and that it will impact the setbacks. Landgraver stated it is reasonable to lessen the right-of-way since they are asking for the wider road. Schoenzeit stated if there are not two access points,the application would need to come back before the Planning Commission. It was the consensus of the Planning Commission that the easterly portion of the road wil] be private and the westerly will be built to public width standards with the exception of the right-of-way. Campion indicated they will realign it slightly to make it more of a through road. Landgraver noted the City Council went into a lengthy discussion about the need for a trail easement on the Orono Preserve property but that the Planning Commission has not really discussed that for this property. Leskinen commented there is very little room for a trail on the south side of the road. Thiesse noted a trail is also proposed for the north side of the road and that there are wetlands in the area, which would not allow a trail. Gaffron indicated the Highway 12 plans include a trail that goes west from Old Crystal Bay Road to the field gate by the school. Hennepin County Transportation opposes a trail within their right-of-way along either side of Wayzata Boulevard west of Old Crystal Bay Road and that they would prefer internal trails or sidewalks. The City Council directed that a 10-foot easement be granted along Wayzata Boulevard for Orono Preserve far potential future construction of a trail. Landgraver stated due to the geography, the wetlands and the 55-mile-an-hour speed limit, it does not make sense to have a trail and that people will likely go from Old Crystal Bay Road up to County Road 6 to access the Baker Park trails. Thiesse commented a bike trail in that area would be really nice, which is where a trail easement would be needed. Thiesse stated any trail on that side of the road would also eliminate any trees that are planted by the developer. Gaffron stated if a bertn is constructed, a retaining wall will also be required if a trail is built. Page 25 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,Apri118, 2016 6:30 dclock p.m. Lemke moved, Schoenzeit seconded, Application No. 16-3822, Curt Fretham of Lakewest, LLC, 3245 Wayzata Boulevard West,to recommend approval of the preliminary plat subject to the widening of the road on the western edge to public standards,land dedication for a park, and a 10-foot trail easement, subject to approval by Hennepin County Transportation Department of two road accesses. VOTE: Ayes 5, Nays 0. 6. #16-3815 CITY OF ORONO ZONING CODE AMENDMENT REGARDING THE DEFINITION OF HALF-STORY, 10:00 P.M.- 10:27 P.M. Curtis stated clarification and simplification of the City's half-story definition was the second highest priority on the Council's and Planning Commission's 2015 Zoning Code amendment directive. Orono's current regulations limit structures to 30 feet in defined height and 2-1/2 total stories above a basement. The massing limitation is achieved when the height regulations are combined with Orono's maximum footprint size based on the lot size. The half-story allowance almost requires high gabled rooflines and has marginal benefit to the massing goals. Unfortunately, the current half-story regulation is complicated for homeowners,builders, and architects. Likewise,the height and massing determination can add excessive time and complication to the building permit review due in part to the unique character and design of buildings. At the March and April Planning Commission work sessions, Staff asked the Commission to explore different options for regulating massing, including the possibility of establishing a floor area ratio (FAR) limitation. FAR, combined with setbacks, maximum defined height and hardcover regulations may accomplish the City's goals and result in a more user-friendly regulation without the complication of a half-story determination. FAR is determined by dividing the gross floor area of a building by the total area of the lot. Alternatively, to address visual massing on narrow lots,the addition of a graduated setback requirement for the top most story or the portions of the structure so many feet from the existing grade was discussed for limiting the effects of massing. As an example,the third level above the basement could be set back X feet from the outermost wall below it. During the work session, Staff and Planning Commission discussed the following two possible options: Option 1: - Remove the number of stories limitation. -Keep height limitation as it is currently calculated at 30 feet. -Keep 15 percent structural footprint maximum for lots under 2.0 acres. - Add a graduated setback. Option 2: -Remove the number of stories limitation. -Keep height limitation as it is currently calculated at 30 feet. -Remove 15 percent structural footprint maximum. -Establish a Floor Area Ratio limit for principal buildings. Page 26 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 18, 2016 6:30 o'clock p.m. Curtis stated the Planning Commission should open the public hearing and receive any feedback from the public and then discuss the two options. The application should be tabled after direction is given to Staff. A draft resolution will be prepared for review at the May Planning Commission meeting. Staff further solicited comments from a small group of builders active in Orono on the proposed options. The comments were received at the time of the drafting of Staf�s memo. Revised comments were received after completion of Staff's report and have been distributed to the Commissioners. The Planning Commission had no questions for Staff. Chair Leskinen opened the public hearing at 10:08 p.m. John Quinlivan, Gordon James Builders, stated a large number of projects that they do are within Orono or the surrounding area. Quinlivan stated approximately 90 percent of the projects that they do in Orono on lots that are under half an acre massing is an issue. Quinlivan stated two-acre properties are in the 16,000 square foot range and are not impacted. Where the massing poses a challenge is in areas like Casco Point with the smaller lots. Quinlivan indicated they are currently working on a 10,559 square foot lot. As a result, the garage is essentially on the city street. Quinlivan stated it is a beautiful lot but it is not as tight as someone would think because the house is pulled back. Under the City's limitations, they would be allowed a1,583 square foot limit on the footprint. If a very small 3-stall garage or a two-stall garage is constructed, that results in another 600 to 650 square feet. If a 10' x 15' deck, consisting of 150 square feet, and a 100 square foot front entry is constructed,that would leave 683 square feet for a main floor, which essentially cannot be done. Quinlivan stated there are several lots in that area where new build will never be an option unless someone is willing to build a very small house with a 600 square foot main floor. Quinlivan stated Orono's massing regulations make it difficult to construct a lot on that size lot and kind of shuts any compromises down. Quinlivan stated he would like to see the City allow the smaller pieces to be developed using FAR, which would allow those small lots to be developed. As it relates to the height restriction,the issue is not so much the height restriction but it is when they encounter some ground water issues. Quinlivan stated most cities will allow them to pull that water out but Orono does not allow someone to do that because Orono uses existing grade to determine how much of the structure can go out of the ground for that two and a half story. Quinlivan stated that may make sense to all the engineers and the Watershed District,but it is falling outside of the 2.5 story parameter. As a result, the roofline is brought down two feet, which does not always look architecturally right,but it is the only way to make the house work. Quinlivan stated those are some of the things they would like the City to consider. Schoenzeit asked if soil samples are being taken before they start construction to determine where the water is. Quinlivan indicated they can do borings but that those do not always show where the water is since the water can be found in a different spot. Quinlivan stated if there are poor or organic soils, they like to remove those. Page 27 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18, 2016 6:30 o'clock p.m. Chair Leskinen closed the public hearing at 10:11 p.m. Thiesse noted he had to leave the work session early and that when he left the Planning Commission was discussing Option 2. Thiesse asked what the discussion at the work session was regarding Option 2. Leskinen stated both options would remove the number of stories limitation. The biggest difference between Option 1 and Option 2 is keeping the 15 percent structural footprint under Option 1. In addition, Option 1 has the graduated setback and Option 2 has the FAR. Curtis stated Staff would still recommend a 2-acre cap. Schoenzeit stated this change will increase the massing on smaller lots and that the current regulations help to control some of that. Schoenzeit stated if the City is trying to control the massing on a lot,the current regulations are doing a pretty good job. Schoenzeit stated the numbers in Option 2are definitely an expansion of what was previously allowed. Thiesse stated his idea of the City's philosophy is that some lots are not large enough to construct a big house on. Schoenzeit stated the question is whether it is going to be half the square feet on the second level but that in general going to the floor area ratio is an expansion of the building. Thiesse asked whether it would make it easier for a contractor if Option 1 is considered with removal of the number of stories. Curtis stated designin�and determining the half-story is very cumbersome and sometimes requires two Staff people to do it since they can be talking about multiple angles on the homes and rooflines. Schoenzeit stated simply measuring from the outside of the structure might be the simplification. Curtis stated at some point,based on the lot size, when the structure is put to an FAR,the house will be lower in the ground. Curtis stated the 15 percent footprint drives the house to be constructed up on a small lot. Schoenzeit stated even at the 30-foot height restriction, a walkout house can go up to 40 feet in height if they meet the basement definition. Barnhart stated the idea behind the FAR was that Staff thought it would be the equivalent of a three-story building with no attempt to try to reduce that. Barnhart stated the FAR idea would speak to that goal. Leskinen stated if the Planning Commission is leaning towards Option 2, they should discuss what happens under the roof and what happens to the big open space when someone wants to extend the floor and how that counts. Schoenzeit stated he thought the Planning Commission was leaning mare towards Option 1 and that he is not necessarily convinced that the FAR is going to result in more ramblers. Page 28 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 18,2016 6:30 dclock p.m. Barnhart stated the FAR provides more options than the 15 percent and would probably result in homes with a lower height. Barnhart stated Staff is looking for feedback on this item from the public and that there will be additional discussion at a future work session. Barnhart stated Staff is wondering whether they should move forward both of the options or just one. Landgraver stated it comes down to 15 percent versus the FAR and the definition of grade. Landgraver indicated he would be willing to table it to the next work session. Curtis asked if there is anything the Planning Commission would like to see from Staff to help facilitate the next discussion. Thiesse stated the FAR is being crafted to match the 15 percent as close as possible. Landgraver stated he is trying to visual what the difference would be between the two. Curtis indicated Staff can provide some illustrations that will help demonstrate that. Curtis stated Staff would like the Planning Commission to consider ways in which the massing can be reduced but also provide some leeway in how someone can use their property. Schoenzeit stated another question to consider would be what a variance would look like under the FAR option. Curtis stated the City does not grant very many structural coverage variances and that the FAR will be a different concept for Staff to use. Thiesse asked if there is a reason to stay at the 2-acre size. Curtis stated the thinking is that there will be a high end of the break point and that Staff is trying to stay with a similar amount of footprint that would be allowed. Barnhart stated there is a trade-off in order to make the concept a little easier to understand for the applicant and that some property owners will benefit and some will not. The City will have to accept those trade-offs if the change the massing regulations. Landgraver moved, Thiesse seconded,to table Application No. 16-3815, City of Orono Zoning Code Amendment regarding the definition of half-story. VOTE: Ayes 5, Nays 0. 7. #16-3823 CITY OF ORONO, ZONING CODE AMENDMENT REGARDING A PROCESS TO REVIEW CONCEPT PLANS AND SKETCH PLANS, 10:27 P.M.— 10:31 P.M. Barnhart stated this item ranked 10 in the list of ordinances to review. Staff has drafted an ordinance that establishes a concept review process for zoning code amendments, zoning map amendments, land use amendments, and other things that are mare policy in nature. The Council and Planning Commission should provide feedback on the concept plan review process. The ordinance also removes the requirement that a Class III subdivision go through the sketch plan process. The sketch plan process is recommended but Staff has removed that as a requirement to help meet the 120-day time limit. Page 29 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18,2016 6:30 o'clock p.m. Barnhart indicated Staff looks at this as a housekeeping amendment. Since Staff sees the value of sketch plan reviews,they will continue to recommend them but they will not be a requirement. Removal of the requirement was based on the recommendation of the City Attorney. The Planning Commission had no questions for Staff. Chair Leskinen opened the public hearing at 10:30 p.m. There were no public comments regarding this application. Chair Leskinen closed the public hearing at 10:30 p.m. Schoenzeit moved,Thiesse seconded,to recommend approval of Application No. 16-3823, City of Orono,Zoning Code Amendment regarding a process to review concept plans and sketch plans. VOTE: Ayes 5,Nays 0. 8. #16-3824 CITY OF ORONO, ZONING CODE AMENDMENT REGARDING A PROCESS TO REVIEW SUBDIVISION EXCEPTIONS, 10:30 P.M.—10:35 P.M. Barnhart stated he is not requesting action tonight on this item and that it is more to open the discussion and receive any public feedback on the ordinance. Currently the City follows state law in their own zoning ordinances for what is considered a subdivision except for the following actions: 1. In which all the resulting parcels,tracts, lots or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses; 2. Creating cemetery lots; 3. Resulting from court orders or the adjustment of a lot line by the relocation of a common boundary as long as each of the two resulting lots meet the requirements of Chapter 78. The proposed ordinance establishes a process where Staff verifies that a proposal falls within these criteria. Staff would then generate a document to be received by the County Recorder for filing. The proposed ordinance also classifies a boundary line adjustment when both lots do not meet the requirements of the zoning ardinance as a Class I subdivision. Class I subdivisions do not need to be platted. Barnhart stated Staff and the City Attorney will continue to work through the draft ordinance and the Planning Commission should receive public feedback, discuss the draft ordinance if they wish, and then table action on the ordinance until May. Chair Leskinen opened the public hearing at 10:33 p.m. There were no public comments regarding this application. Chair Leskinen closed the public hearing at p.m. Page 30 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18, 2016 6:30 o'clock p.m. Schoenzeit moved,Thiesse seconded,to table Application No. 16-3824, City of Orono, Zoning Code Amendment regarding a process to review subdivision exceptions. VOTE: Ayes 5, Nays 0. 9. #16-3825 CITY OF ORONO,ZONING CODE AMENDMENT TO SECTION 78-1684 REGARDING THE CALCULATION OF HARDCOVER AND RETAINING WALLS, 10:35 P.M.— 10:38 P.M. Barnhart stated in 2012,the City adopted Ordinance 94, governing the regulation of hardcover and establishing the stormwater quality overlay district throughout the City. Within that ordinance,retaining walls were defined as hardcover in Section 78-L Currently the City does not allow any hardcover within the 0-75 foot zone except for deck boxes lifts, landings and/or a stairway to access the lake. Section 78-1279 states that retaining walls shall not be placed in the shore setback zone. Section 78-1684 states that retaining walls are hardcover but lists these walls among its standard hardcover exclusions. During discussion of this item at the wark session,the Council noted that hardcover items in the lake yard, including boat houses and sheds, have always been included in the hardcover calculation even though they are not permitted. The draft ordinance codifies practice and confirms Council intent that retaining walls are not to be included within the hardcover calculation unless within the 0-75 foot zone. Staff recommends adoption of the ordinance as drafted. Landgraver commented the draft ordinance has been put together well. Chair Leskinen opened the public hearing at 10:38 p.m. There were no public comments regarding this application. Chair Leskinen closed the public hearing at 10:38 p.m. Schoenzeit moved,Thiesse seconded,to recommend approval of Application No. 16-3825, City of Orono,Zoning Code Amendment to Section 78-1684 regarding the calculation of hardcover and retaining walls. VOTE: Ayes 5,Nays 0. PLANNING COMMISSION COMMENTS 10. UPDATE ON CITY COUNCIL MEETINGS SCHEDULED ON MARCH 28, 2016,AND APRIL 11,2016 Barnhart reported on the following actions by the City Council: • The Tufaa application was approved, with Council Members Walsh and Printup opposed. • The ordinance amendment regulating vacation rentals was tabled and will likely be revisited sometime in the fall. • The lighting ardinance was also tabled indefinitely. Some of the Council Members felt the ordinance was too comprehensive and others felt that it was a good start. • The application for 3435 Lyric Avenue was approved on Consent. • The application for 925 Brown Road was approved on Consent. Page 31 of 32 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18,2016 6:30 o'clock p.m. • The application for Loma Linda was approved on Consent. The City Council did not approve the extension of the retaining wall and followed the recommendation of the Planning Commission. • The Santrach variance on Bohn's Point Road was approved 5-0. The Council felt the lack of off- street parking was a hardship, especially given the distance from the road to the house. • The Hennepin County dock ordinance was adopted on a 5-0 vote. 11. PLANNING COMMISSION ELECTION OF CHAIR AND VICE CHAIR Schoenzeit moved,Leskinen seconded,to nominate John Thiesse as Chair and Bruce Lemke as Vice Chair. VOTE: Ayes 3,Nays 0, Thiesse and Lemke Abstained. 12. OTHER ISSUES FOR DISCUSSION None ADJOURNMENT Landgraver moved, Schoenzeit seconded,to adjourn the Orono City Council meeting at 10:48 p.m. VOTE: Ayes 5,Nays 0. ATTEST: � ;? /- f,� ( ;�i��/f� Denise Leskinen, Chair Page 32 of 32