HomeMy WebLinkAbout04/19/2010 Planning Commission Minutes MINUTES OF THE
ORONO PLANNING CONINIISSION MEETING
Monday,Apri119,2010
6:30 o'clock p.m.
ROLL CALL
The Orono Planning Commission met on the above-mentioned date with the following members present:
Chair Kim Kang, Commissioners Loren Schoenzeit,Linda Feuss,Denise Leskinen, and Alternate Michelle
Winer. Representing Staff were Assistant City Administrator for Long-Term Strategic Planning Mike
Gaffron,Planning and Zoning Coordinator Melanie Curtis,Planner Evelyn Turner,and Recorder Jackie
Young. Council Member poug Franchot was present.
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Chair Kang called the meeting to order at 6:31 p.m.,followed by the Pledge of allegiance.
CONSENT AGENDA
Chair Kang opened the public hearing for Item Nos. 1 and 5 at 6:32 p.m.
There were no public comments regarding those items.
Chair Kang closed the public hearing at 6:32 p.m.
Schoenzeit moved,Winer seconded,to approve the Consent Agenda as submitted. VOTE: Ayes 5,
Nays 0.
*1. APPROVAL OF PLANIVING COMMISSION MEETING MINUTES OF FEBRUARY 16,2010
Schoenzeit moved,Winer seconded,to approve the minutes of the Orono Planning Commission meeting
of February 16,2010,as submitted. VOTE: Ayes 5,Nays 0.
2. #10-3456 TRUE NORTH AOMES,INC.,ON BEHALF OF STEVE DORE,2172
SHADYWOOD ROAD,VARIANCE,6:34 P.M.—6:55 P.M.
Tracy Weathers,True North Homes, and Rick Storlein,RDS Architects,were present.
Turner stated the applicant is requesting a lot width variance to construct a replacement residence on a lot with
a width at the lakeshore of 61 feet when a lot width of 100 feet is required. In addition,the applicant is
requesting a lot area variance and a hardcover variance to have 38.96 percent hardcover in the 75-250 foot
zone when 25 percent is allowed.
The property is located in Wileys Park,Lake Minnetonka,which was platted in 1907. The single-story house
was constructed around 1920. At the present time it appears to be a seasonal residence. The existing house
would be removed and replaced with a two-story house and three car attached garage. The first floor is
proposed to include 1,423 square feet of living space, 137 square feet of inechanical room, 108 square feet of
open porch on the lakeside,202 square feet of open entry porch, and 895 square feet of garage, for a total of
2,765 square feet. The second floor is proposed to have 2,592 square feet of living space. No finished attic
space is proposed.
Turner displayed the elevations of the proposed residence on the overhead.
The lot is narrow,which makes it difficult to obtain a reasonable lake view. The house to the northwest is
about 80 feet from the lake and the one on the other side is about 85 feet from the lake. Each house is located
Page 1
MINUTES OF TI�
ORONO PLANNING COMMISSION MEETING
Monday,Apri119,2010
, 6:30 o'clock p.m.
(#10-3456 TRUE NORTH HOMES,INC.,ON BEHALF OF STEVE DORE,2172 SHADYWOOD
ROAD,CONTINUED)
about 15 feet from the side property lines. Both lots are narrow like this lot. The proposed house is located
about 90 feet from the lake. The setback to Shadywood Road is 117 feet.
If the view were not a concern,the house could be located about 50 feet from Shadywood Road. At the
minimum 30-foot setback from Shadywood Road,hardcover would be over the allowed 30 percent in the 250-
500 foot zone. One way of determining the appropriate level of hardcover would be to allow enough
additional hardcover to provide for the longer driveway plus the tapered portion of the driveway. The taper
would also be located in the 250-500 foot zone with a 50-foot house setback. For a 9-foot driveway,this
would be approximately 1,179 square feet of additional hardcover and would bring the total allowed in the 75-
250 foot zone to about 4,042 square feet. This is 418 square feet less than proposed. -
The house cannot have a basement since the lot is barely above the flood elevation. The Commission should
consider whether additional hardcover should be allowed for storage and for the furnace and water heater that
are usually placed in the basement. The house does include some storage.
The garage is extra deep and there is a"rear closet"of about 120 square feet adjacent to the mechanical room.
The Commission should consider if a single car detached garage close to Shadywood Road would be an
appropriate substitute for the attached third garage stall. The houses on either side have detached garages very
close to Shadywood Road. Both were recently rebuilt or renovated.
In 1993, structural coverage and hardcover variances were granted to allow the detached garage to the
northwest to remain when the attached garage was constructed. The basis for that variance was that the
basement of the house was unusable for storage.
Planning Staff recommends approval of the lot width and lot area variances. Staff further recommends
approval of the hardcover variance but for less hardcover than proposed.
Schoenzeit noted the applicant is under on structural coverage, and asked whether Staff would like to see a
smaller footprint or the house moved closer to the road to eliminate some of the hardcover.
Turner indicated either one would be an option for the applicant,but that Staff feels the applicant could design
a house that can be constructed without a hardcover variance.
Schoenzeit asked whether the plan as depicted is over in hardcover.
Turner indicated it is over by 418 square feet.
Storlein stated they are requesting the hardcover variance to allow for a reasonable view of the lake,which
creates the hardship for the extra section of driveway. The applicant did consider pushing the house closer to
the street but that left a view of the back of the adjoining houses and eliminated the turnaround. Storlein
indicated they have done a calculation that if this were a 100-foot lot,they would be at 24.4 percent hardcover
in the 75-250 foot zone.
Storlein indicated they have reduced the footprint of the house considerably from what they were originally
contemplating to maintain the setbacks. The living space is approximately 1400 square feet.
Page 2
MINUTES OF THE
ORONO PLANNING COMNIISSION MEETING
Monday,Apri119,2010
6:30 o'clock p.m.
(#10-3456 TRUE NORTH HOMES,INC.,ON BEHALF OF STEVE DORE,2172 SHADYWOOD
ROAD,CONTINUED) �
Kang commented the Planning Commission is looking primarily at the length of the driveway.
Storelin stated the turnaround has been pushed back into the 250-500 foot zone.
Weathers stated they did put a vegetative buffer down by the lake to help offset the additional hardcover as
well.
Chair Kang opened the public hearing at 6:47 p.m.
There were no public comments regarding this application.
� Chair Kang closed the public hearing at 6:47 p.m.
Leskinen indicated she does not have a problem with the lot width and lot area variances. Leskinen stated in
her view the proposed house is compatible with the houses on either side of it as far as setbacks. Shadywood
Road is a busy road. Leskinen stated she is not sure where the hardcover should be reduced.
Kang stated the hardcover will obviously have to come out of the driveway and that it probably is not realistic
to reduce it to 25 percent.
Schoenzeit asked how the footprint compares to the neighboring houses.
Turner stated the footprint of the house to the north is approximately the same size with a slightly larger lot
and the house to the south,which is on a narrower lot,is smaller.
Feuss asked whether there are hardcover variances on the adjoining lots.
Turner indicated the house to the north was granted a hardcover variance and that there were a number of
houses along Shadywood that have been granted hardcover variances in the past. The houses in this area were
also located closer to Shadywood due to the average lakeshore setback.
Kang noted Staff did mention the option of constructing a detached garage. Kang asked how many properties
in this neighborhood have detached garages.
Turner indicated both houses adjoining this lot have detached garages and that there are a number of detached
garages in the neighborhood. Turner noted a new house to the north was also constructed with a detached
garage in order to reduce the hardcover.
Feuss asked if this is going to be a spec house or whether the owner of the property will be residing in the
residence.
Weathers indicated the owner is going to live in the house.
Kang asked if the driveway were shortened somewhat less than what Staff is proposing, if the applicant would
be agreeable to that.
Page 3
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,Apri119,2010
6:30 o'clock p.m.
(#10-3456 TRUE NORTH HOMES,INC.,ON BEHALF OF STEVE DORE,2172 SHADYWOOD
ROAD, CONTINUED)
Weathers stated the homeowner would like the garage attached to the residence, and if the house is pushed
back another five feet,they would lose their view of the lake. The applicant is willing to use pervious material
for a portion of the driveway. Weathers indicated due to the elevation of the lot near the garage,the pervious
surface would have to be dug down three to four feet,which would result in them running into the high water
table for a portion of the driveway. Approximately two-thirds of the driveway could be constructed out of
previous materials.
Kang noted the City of Orono does not allow for a reduction in hardcover if pervious materials are utilized.
Weathers stated they have worked with Staff on their options to reduce the hardcover.
Kang asked how much the hardcover would be reduced by if the turnaround were eliminated.
Storlein noted the turnaround is located in the 250-500 foot zone.
Turner commented she was not advocating moving the house closer to the road,but that a reasonable way to
calculate the amount of variance necessary would be for them to design a house without a variance and then
grant them additional hardcover to move the house up.
Turner stated if the house is designated so there is no more than 30 percent hardcover in the 250-500 foot
zone,there would be room for the turnaround. A portion of the driveway would be located in the 75-250 foot
zone. Turner indicated the lot is not overly small and that Staff feels they could design the house to fit the lot.
Kang asked if Staff is recommending reducing the square footage of the house.
Turner stated the two options would be to reduce the size of the footprint or relocate the house.
Curtis stated the additional hardcover should only be driveway necessary to access the house.
Schonzeit asked whether it would be acceptable to the applicant to reduce the amount of driveway by 418
square feet or reduce the footprint of the house by 418 square feet.
Storlein indicated that would be acceptable.
Schoenzeit moved,Feuss seconded,to recommend approval of Application#10-3456,True North
Flomes,Inc.,on behalf of Steve Dore,2172 Shadywood Road,granting of lot width,lot area,and a
hardcover variance,subject to the applicant either reducing the footprint of the house by 418 square
feet or to reduce the driveway by 418 square feet by relocating the house closer to the street. VOTE:
Ayes 5,Nays 0.
Page 4
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,Apri119,2010
6:30 o'clock p.m.
3. #10-3458 JUDSON DAYTON,825 OLD CRYSTAL BAY ROAD,PRELINIINARY PLAT,6:55
P.M.—7:25 P.M.
John Winston,Attorney-at-Law,Mark Gronberg, Surveyor, and Judson Dayton,Applicant,were present.
Curtis stated the applicant is requesting preliminary plat approval to rearrange the properties from the current
three lots into a new three lot configuration. No additional building sites will be created. Lot 1 is proposed to
contain 6.17 acres total with 5.94 dry buildable. Lot 2 is proposed to contain 14.41 acres total with 12.59 acres
dry buildable. Lot 3 is proposed to contain 5.56 acres total with 5.35 acres dry buildable. In addition,a 30-
foot wide outlot is proposed.
Staff recommends approval of the preliminary plat subject to the conditions outlined within the staff report as
well as conformance with the City Engineer's recommendations. The proposed subdivision is in confornuty
with the guiding of this area for single-family rural residential development at a maximum density of one unit
per two acres. The proposed development generally conforms to the 2.0 acre dry-buildable,200-foot width
standards of the LR-lA Zoning District. The front/back lot configuration of Lot 3 conforms to 150 percent of
the district standards. Primary and alternate septic locations for each lot will be required. The proposed
development is also consistent with existing development in the surrounding neighborhood, The surrounding
properties vary in size between 1.5 to 5+acres.
Lot 1, as shown,would be defined as a"flag lot." New flag lots are not allowed to be created. Instead,the lot
should be proposed as a back lot with an access outlot of at least 30 feet in width. Lot 1 is able to meet 150
percent of the LR-lA standards.
Lot 3 has been proposed as a front/back lot configuration which requires the back lot to meet 150 percent of
the zoning district standards. Additional standards for front/back lot subdivisions are outlined within the City
Code, Section 82-256(c) and 78-1370. Additionally, Ordinance 176 allows the wetlands to be considered an
area credit in back lot situations.
The site contains five separate wetland bodies. Wetland delineations should be submitted and approved by the
Minnehaha Creek Watershed District. Lot 2 contains a principal structure near the lake, a gazebo near the
lake, a guest house, a shed and a barn closer to Old Crystal Bay Road. Lot 3 currently contains an existing
cabin, sauna, shed and pump house. Other than the driveway,there are no structural improvements located on
Lot 1.
The property is situated between the Farview and the Little Orchard developments. According to the LR-lA
Zoning District standards,all of the lots must contain 2.0 dry acres and meet a 200 foot width requirement at
the road or lake frontage as well as at the 75-foot lake or 50-foot principal building setbacks. Because Lot 3
has been proposed as a back lot, 150 percent of the district standards must be met. Wetland acreage may be
used to account for the additional required acreage for the back lot. Since Lot 1 is shown as a flag lot,it
should be revised to meet the definition of a back lot and also meet 150 percent of the LR-lA district
standards.
The subdivision of Lot 1 will result in 400 feet of frontage along Lake Minnetonka with only 70 feet in width
along Old Crystal Bay Road. This is typically lrnown as a"flag lot"configuration. The properiy is proposed
to have 5.94+acres dry buildable land. This lot will technically be located entirely within the average
lakeshore setback based on the location of the house at 3051 Farview Road. Trees and topography make a
lake view over this property unlikely. With the exception of the average lakeshore setback, all of the required
LR-lA district lot line setbacks can be met.
Page 5
MINUTES OF THE
ORONO PLANIVING COMMISSION MEETING
Monday,Apri119,2010
6:30 o'clock p.m.
(#10-3458 JUDSON DAYTON,825 OLD CRYSTAL BAY ROAD, CONTINUED)
• Lot 2 as proposed has 404 feet in width at the shoreline,410 feet in width at Old Crystal Bay Road, contains
12.59+dry acres in area, and houses three of the property's five wetlands. The existing home on the property
as well as all existing accessory structures are proposed to remain at this time. The access to Lot 2 is proposed
to be via the proposed Outlot A. All required LR-lA setbacks can reasonable be met when this lot is
redeveloped with a new home.
There are two driveways serving the property—one on the north and one on the south. The applicant is
currently proposing to create Outlot A over the existing southerly driveway to access Lots 2 and 3. A lot 1 as
shown will access off of Old Crystal Bay Road via the existing northerly driveway through a 50-foot corridor.
This corridor is proposed as part of Lot 1. According to the subdivision regulations,this is defined as a"flag
lot"and is not pernutted. A solution would be to create Lot 1 as a"back lot"to be accessed via an outlot.
Orono's Comprehensive Plan indicates that a future trail is proposed along Old Crystal Bay Road,providing a
trail connection from the Luce Line to Noerenberg Park. The City has not determined on which side of the
road the trail should be developed. Staff recommends that the dedication of a 10-foot wide trail easement be
required as part of this application.
The City would require all the standard utility easements. In response to Hennepin County's requirements,the
applicant has proposed a 33-foot wide right-of-way dedication extending to the center of Old Cry stal Bay
Road. An additional 17 feet of dedication is shown. The City Council will be asked to consider whether a
trail easement and/or expansion of the right-of-way along the east boundary of the property are required. It is
Hennepin County's position that cities should obtain desired right-of-way at the time the property is platted. If
this does not occur,then the County will expect City participation in paying for such easements if and when
they are acquired by outright purchase or condemnation.
The property has a large expanse of existing woods adjacent to Lake Minnetonka, five wetland bodies,and
from Old Crystal Bay Road, an open view-shed into the wooded portions of the property. The Rural Oasis
Study and Conservation Design Master Planning process has been formulated to help determine on a case-by-
case basis what natural values should be preserved.
The City's Conservation Design Ordinance would apply to this development. The developer should develop a
plan which identifies and outlines measures for preserving the ecological assets unique to this property. This
plan should be submitted to the City to be reviewed and implemented prior to consideration of the final plat.
The Planning Commission should discuss whether elements identified within the large lot(ot 2) should be
preserved now as part of this plat or if it is more appropriate to defer until Lot 2 is further subdivided in the
future.
Staff recommends revising the property lines to account for an access outlot and a back lot so the lot will
conform to City Code requirements for frontage and access. A 30-foot wide outlot is the minimum which
would be required to access a back lot. The applicant is creating a 50-foot wide corridor to accommodate the
existing driveway.
Further development of the property may utilize City sewer. Currently the property is located within the
MUSA. However, it does not have direct access to sewer. There are a couple different options for bringing
sewer to the site in the future.
Page 6
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,Apri119,2010
6:30 o'clock p.m.
(#10-3458 JUDSON DAYTON, 825 OLD CRYSTAL BAY ROAD,CONTINUED)
The Planning Commission should discuss what happens to the guest house conditional use permit following
subdivision approval.
Staff recommends approval of the preliminary plat with the following stipulations:
1. Lot 1 be converted to a back lot with an access outlot;
2. Compliance with the City Engineer's recommendations.
Staff recommends the Planning Commission discuss the following:
1. Staff s recommendation;
2. The merits of obtaining a ghost plat;
3. Determine how to address the existing buildings;
4. Deternune an appropriate average lakeshore setback line for Lot 1;
5. Discuss whether or not the developer should provide easements for future sewer service;
6. Make a determination on the guest house CUP.
Kang asked where the guest house is located.
Curtis indicated it is located behind the barn.
Winston stated they appeared before the Planning Commission back in 2007 and that they are attempting to
maintain as much of the status quo as possible with this proposal. With regard to the current plat being
presented tonight,some consideration was given to relocating the lot line to move it away from Mr.Dayton's
current house. In other words,the lot line would be relocated to the northwest,which would not have a
significant affect on the acreage.
Winston indicated they also discussed creation of an outlot to serve Lot 1 with Staff and that they should be
able to adjust the plan to accommodate that. As it relates to the trail easement,Mr.Dayton is agreeable to the
10 feet and would like to grant a perpetual variance with regards to the average lakeshore setback. The
property to the northwest does have a view that is more directed in a due westerly direction.
Winston stated he is unsure what Staff ineans as it relates to the ghost plat idea. Mr.Dayton would maintain
control over the majority of the property and would continue to have control over the outlots as well. With
respect to the Conservation Design Plan,the applicant is more than willing to work with Staff on those issues.
The proposal is minimally invasive to what currently exists and Mr.Dayton is concerned about the
environment and is willing to work with Staff to ensure adequate protections are provided.
Winston stated as it relates to the sewer,they do not see a need to go that direction. If the need arises in the
future for city sewer,Mr.Dayton would still have control of the property and would be willing to work with
Staff on that issue. Winston requested the Planning Commission approve their application.
Schoenzeit asked if the applicant has any issue with the City Engineer's recommendations.
Gronberg indicated he has reviewed them and he does not have any issue with them.
Chair Kang opened the public hearing at 7:14 p.m.
Page 7
MINUTES OF THE
ORONO PLANIVING CONIlVIISSION MEETING
Monday,Apri119,2010
6:30 o'clock p.m.
(#10-3458 JUDSON DAYTON,825 OLD CRYSTAL BAY ROAD, CONTINUED)
There were no public comments regarding this application.
Chair Kang closed the public hearing at 7:14 p.m.
Winer noted this was initially approved back in 2007 for four lots and that the applicant is now proposing three
lots. Winer commented she does not see any major changes from the 2007 plan and the current plan other than
reducing the number of lots.
Schoenzeit asked what Staff's thoughts are regarding the sewer.
Gaffron stated the City's Comprehensive Plan does allow for development of this property with private septic
systems even though it is within MUSA. There is no plan to serve this property at this time with municipal
sewer as long as they can show they have the appropriate septic sites. The City has no plans at this time to
require the applicant to hook up to city sewer.
Winer noted there is a 10-foot drainage and utility easement required.
Curtis stated there is also a requirement for a 5-foot internal easement in addition to the 10-foot utility
easement. These are standard easement requests.
Schoenzeit commented the lots consist of a number of acres and there appears to be ample septic sites
available.
Winer asked about the wetlands and whether those would remain.
Curtis stated there are five wetlands on the property as a whole. The wetland delineations will need to be
approved by the Minnehaha Watershed District. Easements would be required over the wetland and buffer
areas.
Kang asked about the advantages and disadvantages of a perpetual variance.
Curtis stated she does not see any disadvantages to it for this property since this property is similar to a
peninsula where you are always going to be ahead of the average lakeshore setback. The perpetual variance
would establish an average lakeshore setback for each of the lots. Curtis indicated she is unable to think of
any negatives with this type of perpetual variance being granted. Curtis stated an average lakeshore setback is
more of a unique situation than a hardcover variance and is intended to protect the views of the neighboring
property.
Feuss stated as best as she can tell,Lot 1 is at a higher elevation.
Curtis indicated Lot 1 is at a higher elevation and illustrated the property that would define the average
lakeshore setback for this development.
Winer asked where the trail would be located.
Curtis stated Staff is requesting that the trail overlap what the City is requiring for drainage and utility
easements.
Page 8
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,Apri119,2010
6:30 o'clock p.m.
(#10-3458 JUDSON DAYTON,825 OLD CRYSTAL BAY ROAD, CONTINUED)
Kang asked whether the guest house would remain.
Dayton indicated it would.
Kang asked whether the application would trigger a new CUP for the guest house.
Curtis stated based on the prior resolutions that were adopted,the guest house was a concern going into the
future. Curtis indicated she does not believe this particular subdivision would limit the size of the property
such that it would make the guest house nonconforming. A guest house requires double the lot area, and at 13
acres,it would not challenge that.
Kang asked whether the barn would also remain.
Dayton indicated it would.
Winer moved,Leskinen seconded to recommend approval of Application#10-3458,Judson Dayton,825
Old Crystal Bay Road,approval of preliminary plat,subject to the recommendations of Staff and per
the recommendations of MCWD and the City Engineer,subject to Lot 1 being converted to a back lot
with the access lot being located in the current corridor. VOTE: Ayes 5,Nays 0.
4. #10-3460 COMMONBOND COMMUIVITIES,SKETCH PLAN FOR PRELIMINARY PLAT
AND CONCEPT RESIDENTIAL PLANNED U1VIT DEVELOPMENT,7:35 P.M.
Amanda Novak, Senior Project Manager with CommonBond Communities,was present.
Curtis stated the applicant is requesting sketch plan review for a Concept Plan,Preliminary Plat and a rezoning
approval for the properties located directly behind and north of Long Lake Fire Station#1. The two subject
properties along with the property immediately to the south,270 Willow Drive, are currently proposed to be
reguided from a two-acre minimum to high density residential within the 2010-2030 Comprehensive Plan. In
the 2010-2030 CMP,high density means a potential for 10-15 units per acre.
Commonbond Communities is currently proposing a 42-unit workforce apariment community. The layout
would appear to be like townhomes in a row-house configuration,but would be rented.
Curtis stated while no formal action is requested,the Planning Commission should allow public comments and
questions about CBC and the project. The Planning Commission should also review the proposed plans,ask
questions, and offer any input necessary. The developer can and may present additional information as they
feel appropriate. A formal application is expected to be presented for public hearing at the May 17`�'Planning
Commission meeting.
Novak stated CommonBond Communities is a nonprofit entity and are in the business of constructing stable
homes, strong futures, and vibrant communities for the residents they serve. The housing they provide is vital
to communities and is seen as an asset. The homes are built for the long-term and provide core and
customized resources for the residents.
Page 9
MINUTES OF THE '
ORONO PLANNING COMNIISSION MEETING
Monday,Apri119,2010
6:30 o'clock p.m.
(#10-3460 COMMONBOND COMMiJNITIES,SKETCH PLAN,CONTINLTED)
CommonBond is a one-stop real estate lender and does real estate development,property management,
advantage services,conshuction, and financing. As a developer and properly manager, CommonBond also
owns every development that they have constructed and have never sold one of their developments.
CommonBond has been in business for the past 40 years and is the largest nonprofit provider of housing
services in the upper Midwest. CommonBond currently has 98 properties and 4900 apartment communities
that serve seniors, families,and persons with special needs,which are defined as persons with such disabilities
as Multiple Sclerosis and Parkinson's. They currently have over 7500 residents,including about 2000
children.
CommonBond has looked into Orono because of their affordable and life cycle goals. This site has been �
guided for high density housing. The 42 units proposed would help the City meet their goals for the
Metropolitan Council as it relates to high density and affordable housing. Workforce housing is for people
that are employed in the public and private sector and earn 60 to 70 percent less than the median income.
Novak noted the median income in this area is$80,000,which would mean their residents would earn at least
$20,000 and no more than$50,000.
Novak stated the affordability index describes the people they would serve with their development. People
within the$20,000 to $25,000 would likely be a retail worker,health aide, or someone on social security.
CommonBond does not impose age restrictions on their housing and they do anticipate having seniors
interested in living here. Workers making more than$25,000 would likely be people who work for public
schools, city employees, and firemen. Commonbond as a property management company does a thorough
screening process of the renters and performs background checks. Renters must income qualify with
verification by W-2s or 1099s.
In addition to a great property management staff, CommonBond also provides a number of programs for the
children that would live in the development to help ensure that the lcids are not running through the
neighborhoods but utilizing the local parks and programs.
Novak displayed examples of other CommonBond developments in Maplewood,Maple Grove, and Plymouth.
All of these communities are very successful.
CommonBond is currently proposing for this site 42 townhome units consisting of two to four bedroom,with
rents between$750 to$930 per month. CommonBond is excited about the opportunity to provide housing for
people who currently work in Orono.
Tody Elkins,Urban Works Architecture, stated they are proposing 42 townhomes on the site. All traffic
would be brought in off of Fire Station Road. All of the townhomes will be clustered around a central core,
which is called the heart of the community. Elkins noted this is a five acre site and that they are within the
City's proposed high density zoning requirements for this area.
Elkins stated at previous meetings with City Staff, it was pointed out that there is a wetland and a utility
easement in this area,which is the reason why no buildings will be constructed there. Staff also pointed out
the importance of preserving green space and view corridors adjacent to the residential neighborhood. All
townhomes would be two to four bedrooms with tuck under garages. The roads within the development would
be private.
Page 10
1VIINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,Apri119,2010
6:30 o'clock p.m.
(#10-3460 COMNIONBOND COMMLIIVITIES,SKETCH PLAN,CONTINUED)
Elkins noted they are proposing a trail right-of-way along the freeway,which can be relocated if the City
desires. Elkins illustrated various projects done by CommonBond in other suburban settings. Elkins displayed
the proposed layout of the buildings, streets, and wetlands. The buildings would be out of the wetlands
setback,which has not been formally determined at this point. The buildings located in the northeastern
corner will likely need to be moved closer to the road and out of the wetlands.
Schoenzeit asked what size the units would be.
Elkins stated they are approximately 1,500 square feet,with each unit being fairly similar.
Feuss asked where the road would be located in relation to the wetland.
Ellcins illustrated the location of the road and noted the road would be 16 feet wide since it is a one-way road.
Feuss commented she is unsure how the road will fit in with the wetland.
Elldns stated they would need to make sure the road does not impinge on the wetland.
Curtis noted a road can be located within the wetland setback but not within the wetland itself.
Feuss asked what is to the east of the property.
Elkins indicated that is Holbrook Park.
Kang asked if the welcome center would be the same thing as a community center.
Novak stated it would be a community center with offices and computer labs available to the residents.
Kang asked how trash pickup would work.
Ellcins indicated they would pick up trash at each individual unit.
Winer asked whether there are other cities competing for this project.
Novak indicated they do have a number of other communities who have indicated an interest in this type of
housing. CommonBond is excited to build in Orono since there is a lack of this type of housing in the western
suburbs in general and the need will continue to increase given the economy.
Winer asked if it is within the 2010 Comprehensive Plan where all cities are required to provide a certain
number of single-family homes and affordable housing.
Novak stated the City of Orono is required to provide 331 affordable homes by the year 2020.
Gaffron noted it is 311 in addition to what currently exists.
Feuss asked how CommonBond arrived at the 30 to 60 percent AMI.
Page 11
MINUTES OF THE
ORONO PLANI�TING COMMISSION MEETING
Monday,Apri119,2010
. 6:30 o'clock p.m.
(#10-3460 COMMONBOND COMMiTNITIES,SKETCH PLAN,CONTINUED)
Novak stated they are not looking to serve people at the lower income levels since this is a more affluent area.
CommonBond looked at the housing study completed by the City and spoke with the county and with other
providers in the area to find out what they feel the need is.
Feuss asked how they arrived at those numbers if they are not targeting the 30 to 60 percent AMI bracket.
Novak stated CommonBond is looking to finance this project with low income tax credits. In order to qualify
to live in this type of housing,the renters would be required to be within 30 to 60 percent of the area median
income range. Novak stated she does not believe there will be many 30 percent median residents because the
rent is an actual rent that is set and not based off of a person's income. Residents who earn in the 30 percent
median range probably would not be able to afford the rents.
Feuss asked what type of turnover is seen in these types of developments.
Novak stated approximately 10 percent will leave within the first year but that the maj ority of them stay long-
term.
Kang commented there may be some Orono residents who have gone through foreclosure and would like to
stay within the community. Kang asked whether those people could get some type of preference.
Novak indicated CommonBond does have to comply with Fair Housing requirements but that they have the
ability to tell people when the list is going to open.
Chair Kang opened the public hearing at 7:50 p.m. Kang requested the residents limit their comments to five
minutes or less.
Kang noted the City did receive a letter from Brian Kegel and Sue Sturgis,2230 Grand Avenue,Long Lake,in
opposition to the proposaL
Don Chillstram, Long Lake Park Commission Chair, stated the burden of this project would be on Holbrook
Park due to the number of units being proposed. Chillstram indicated he also has a concern with the impact
the lighting and noise from the park would have on the units. Currently the Orono Youth Hockey Association
utilizes it until 10:00 p.m., and the baseball association is also considering using the park. Chillstram stated
there would be five nights of lighting and noise from the park until 10:00 p.m.
Margaret Buschbom, 1150 Homestead Trail,Long Lake, stated she was never notified about the meeting and
had to call Mr. Gaffron to receive the information about the meeting. Buschbom indicated she has no intent of
moving or leaving or selling the portion of her property that is on Orono's map. The rest of her property is
within Medina. Buschbom stated she would like to note that she resents not being notified of ineetings.
Leskinen asked if she is discussing the upcoming comprehensive plan item.
Margaret stated she is discussing this item.
Curtis stated she believes Ms.Buschbom wants to speak to the Comprehensive Plan matter.
Page 12
� MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,Apri119,2010
6:30 o'clock p.m.
(#10-3460 COMMONBOND COMMITNITIES,SKETCH PLAN, CONTINUED)
Brian Droen,285 Harrington Circle,Long Lake, stated 72 feet of his property borders this property in
question. Droen indicated he has been here 34 years. A few years ago the land to the south wanted to add
another house because it was a big lot but it was not allowed by Orono. All of a sudden Orono is looking at
high density for this area.
Droen stated when the park was originally built,there was a substantial amount of vandalism during
construction. The park still experiences vandalism. There are woods bordering the property by the wetlands.
The wetlands drain through his back yard. Droen expressed a concern about the drainage,the noise, and the
vandalism. Droen stated the first station would not a quiet spot for these apartments and that he cannot
imagine this being a friendly situation for either the fire station or the aparhnent renters. Droen stated he is
opposed to the project.
Kris Beam, 275 Harrington Circle, Long Lake, stated there is an entire residential neighborhood behind this
property and that he enjoys the neighborhood but that he is opposed to constructing a 42-unit project. Beam
indicated he received a letter from CommonBond on Friday saying that it would not decrease their land values
but that he has not had time to look into that. Beam stated he has spoken with people from Maple Plain that
live behind MPFC, and since that building was constructed,the crime rate has gone up and domestic violence
has increased. Beam noted he does not have any statistics yet. If this development follows suit,this is what
Long Lake and Orono would be looking at.
Jan Solheim,234 Hamngton Drive,Long Lake, stated she has a couple of concerns. The first relates to the
entrance and exit that would be on Fire House Drive,which is where the trucks come in and out. Solheim
asked how the residents can utilize the same roads when the fire trucks are going out. Solheim stated the
access to this development should be a different type of entrance and exit. Solheim stated in her view one
parking space for each townhouse is not appropriate and that she does not see any additional parking for guests
and other residents. Solheim stated in her opinion this is too much density for the area.
Ann Mohaupt,269 Inglewood Street,Long Lake,noted Orono's web site stated they would have 10 minutes
each. The citizens of Long Lake only found out about this plan approximately three days ago and they have
not been given the opportunity to prepare fully. Mohaupt commented that a number of the residents feel it was
intended to be slipped past them.
Mohaupt stated she is here tonight to register her opposition to rezone the properiy to accommodate low
income housing. Mohaupt stated she understands the Metropolitan Council requires all cities to have low
income housing, and Long Lake has been in compliance with that for a number of years. Long Lake already
has a large number of low income housing units within Long Lake's borders and that she understands Orono
does not and that they are under pressure to make these developments. At this location Orono still will not
have these units within their city because the site is basically in the City of Long Lake even though technically
the acres are located in Orono. .
The Minnesota State Legislature has determined that the state purpose in establishing the Metropolitan
Council's livable criteria policies that are set forth in Minnesota Statutes include the policy to intensify land
use that leads to more compact development,which this project does for Long Lake but not Orono. The other
policy obj ective of the statute is to develop housing that mixes incomes of residents in a particular housing
area,which this project does not do that with respect to Orono since no one from Orono lives in that area.
Mohaupt stated she feels that Orono's proposed high density for this area is not within the spirit of Minnesota
Page 13
MINUTES OF THE
ORONO PLANIVING COMMISSION MEETING
Monday,Apri119,2010
6:30 o'clock p.m.
(#10-3460 COMMONBOND COMMUNITIES, SKETCH PLAN,CONTINUED)
Statutes or Metropolitan Council requirements and that it is cynical and mean spirited on the part of Orono to
put high density at this location.
Mohaupt indicated she would also like to point out that the wetlands near the site would be in danger given
that 42 units would be within a few yards of the wetlands. The project is also right next door to a Long Lake
park. The children of Long Lake will be negatively affected. The residents of Orono will have access to this
� park and the other amenities of Long Lake but would not have to pay for the maintenance and upkeep of those
facilities. The City of Long Lake would also have to spend more to maintain that park facility.
In addition,this project would create traffic congestion for the fire deparhnent. Long Lake is already at water
and sewer capacity. Mohaupt indicated she understands that people think there is a contract forcing Long
Lake to provide water and sewer access to these units but that she does not feel it is enforceable since Long
Lake is already at capacity.
Mohaupt stated in her view what is happening here is that Long Lake is becoming like Brooklyn Park. There
will be more crime,more police calls,more prosecutors,more judicial costs,more taxes, and more victims. If
Long Lake continues on this road and becomes a Brooklyn Park of the western metropolitan area, Orono's
residents are going to incur higher taxes for more police protection and will also be victims of the crime.
Mohaupt commented that Orono went crazy over 10 skinny girls who wanted to get treatment and that Orono
did not allow that treatment center,but yet they want Long Lake to absorb at least 168 more people into a one
to two acre space when the surrounding area consists of single family housing. Once again,it seems to be that
this is a case of the wealthy citizens of this country getting their way at the expense of middle class taxpayers.
One of the main goals of land use policy in the state of Minnesota is to protect the health,welfare and safety of
all the people. This project does not do that as the only purpose is to protect the City of Orono from others
who are not within their income class. Mohaupt requested that it be denied.
Mohaupt asked for a show of hands from the people in attendance who are opposed to this plan.
A large majority of the audience members raised their hands.
Kang requested that the audience members restrain from clapping.
Mohaupt stated that there appears to be 50 to 60 people in the room and that all of them are in opposition to
the plan.
Mohaupt stated judging from the pictures displayed on the other projects,it seems to me that they look very
much like the project that has been developed in Orono along Highway 12, and that would be a really good
place to put this.
Kang noted this is a sketch plan review and that she would encourage all of the people in attendance to
continue to participate in the process. Kang stated she wants the residents of Long Lake to know that they are
a major part in the development of this community.
Craig Riedl,269 Inglewood Street,Long Lake,indicated he is in agreement with the previous speaker and that
this project does not really go with the spirit of what the Metropolitan Council is intending for low income
housing for Orono. Workforce housing is really low income housing. This site is really not within the City of
Page 14
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,Apri119,2010
6:30 o'clock p.m.
(#10-3460 COMMONBOND COMNIiTNITIES,SKETCH PLAN, CONTINUED)
Orono and there is still open land within Orono of at least five acres where it could be built closer to the police
station and closer to the Orono residents.
Michael LaQuey,P.O.Box 94, Crystal Bay, stated in his view this is a fantastic idea. LaQuey noted he is a
' member of the class of 1974 and that they have been complaining for years and years about not having
affordable housing in Orono and having to leave Orono and be away from family and friends. LaQuey stated
he feels this would solve an issue that has been going on since the early 1970s and probably even before.
LaQuey stated he would like to see this type of housing expanded to all workers that are current residents and
that he would like to see a waiting list developed for people of the Orono community. LaQuey stated in his
view there could be ways to avoid issues with fair housing,because if you say policemen and firemen in
Orono,that has already resulted in some partitions of the demographics. LaQuey stated it is important to have
a waiting list that is in compliance with Fair Housing requirements and that he would like to see it expanded to
workers in other communities that are involved with the infrastructure of the area. LaQuey suggested
expanding the waiting list to residents of Spring Park,Maple Plain, Orono,Long Lake and Independence as
the workers and residents to have priority on the waiting list.
. LaQuey suggested that the rents be inflation adjusted rents to avoid back filling with Section 8. If the rates
stay constant and the demographics change and people start earning too much income,by not adjusting rents,
there could potentially be the problem of it becoming Section 8 housing.
Ed Pollock, 315 Dupont,Long Lake, stated he moved here 31 years ago because it was a nice area and that he
has a concern with the east side of the development. Currently there is standing water on the east side and that
in his opinion it should be classified as a wetland. This development would destroy that.
Kim Edwards,2450 Woodhaven Drive, expressed concern that the density is too high for this site. There is no
public transportation available and the parking issues that have previously been raised are also a concern.
Aaron Printup stated he is in agreement with the residents concerning the high density. T'he City of Orono
should be careful of crime coming into the area,which will likely result from this project. Printup noted this
. application piggybacks with the City's proposed Comprehensive Plan. Printup asked how much influence the
Metropolitan Council has over Orono. The Metropolitan Council consists of unelected and appointed people
and their accountability is nothing. Printup stated he believes the Metropolitan Council has very little power
over the City and that the City does not have to be pressured by what the Metropolitan Council wants the city
to do.
Kang commented out the Metropolitan Council holds the MUSA over the City of Orono's head and that the
City is supposed to comply with certain requirements of the Metropolitan Council.
Lee Dougherty, 253 Inglewood Street,Long Lake, stated the neighborhood is basically a neighborhood of
Long Lake and that this is a very small site. Dougheriy requested the Planning Commission take into
consideration what the Long Lake residents want in their neighborhood.
Jan Solheim,234 Harrington Drive,Long Lake, asked who owns land currently.
Gaffron stated the property to the north is under contract between Mr.Miller and CommonBond. The property
directly behind the fire station is owned by the City of Orono.
Page 15
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,Apri119,2010
6:30 o'clock p.m.
(#10-3460 COMMONBOND COMMUNITIES,SKETCH PLAN,CONTINUED)
An unidentified resident asked who owns the fire station.
Gaffron stated it is his understanding Orono owns the majority share but that he would have to double check
that.
Mohaupt indicated the land is owned by Long Lake and that Orono has 57 percent equity in the fire
deparhnent.
John Harris,2445 Woodhaven Drive,Long Lake, stated Commonbond appears to be a fair and equitable
company but it looks like these are merely proposals at this time since this lot is not zoned for this type of
density. If that hurdle does occur,that could open up a whole new realm of possibilities. Orono is looking at
the situation that they need to go high density in some places because the Metropolitan Council has
recommended that they do so. The Metropolitan Council is not made up of elected officials. The
Metropolitan Council is looking at this from a broad standpoint and they may not necessarily be wrong but
they may not have the right idea for our community. Harris suggested that the Planning Commission look
outside the box. Harris stated he is not indicating that CommonBond is not a good company but that the
development should fit within the community.
Harris requested the City of Orono go back to the Metropolitan Council and say that this will not work for our
community and that they need to come up with something else. Harris stated there is a dollar figure associated
with every child who attends the schools but that there are not enough people to pay for these services. Harris
indicated he understands the need to develop but that the City of Orono should go back to the Metropolitan
Council and say that this is not going to work for us. Orono needs to find other properties and�nd a new way
to solve this and that the Long Lake residents do not want it shoved down their throats.
Kang commented Orono Staff has worked very hard with Metropolitan Council but unfortunately the City is
being pushed to do some of this high density housing.
Brian Droen stated when you start looking at hard surface and drainage, including the parking lot of the fire
station,it appears that there is an awful lot of drainage that will go into the wetlands.
Craig Riedl suggested someone from the Planning Commission walk that diagonal road to visualize the
standing water on the northeast. Currently there is standing water in that area.
Karen Paulson, 256 Harrington Drive,Long Lake, stated she lives close to the park and that she calls the
police station on a regular basis to check on the kids in the park. Paula stated in her view putting that many
kids in the area will cause more problems. In addition,there is not enough parking and the residents will park
in the park.
Stephen Schmidt,246 Inglewood Street,Long Lake,asked how the 42 units were arrived at. Schmidt stated in
his view the density is too high.
Novak stated they worked with their architect and met with City Staff to determine the appropriate density for
the site. Novak noted they are below the density that is allowed and that the 42 units would allow them to
provide the appropriate services and maintain the feel of a community. It is a possibility that two or three units
would need to be removed in order to accommodate the wetlands,but that they would need to maintain a 37 to
42 unit development.
Page 16
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,Apri119,2010
6:30 o'clock p.m.
(#10-3460 COMMONBOND COMMiJNITIES,SKETCH PLAN, CONTINUED)
Novak stated as it relates to increased crime,Commonbond is very well lmown for having wonderfully
managed and maintained communities. They are constantly engaging the residents in the community in which
they live and that crime has not been an issue at their other developments. CommonBond also works closely
with the police department to ensure that there is not an ongoing issue. CommonBond is very cognizant of the
city they are developing in and also cognizant of what the residents are doing.
As it relates to parking,the residents would have one garage and one driveway. There would also be parking
available for them in the driveway. Novak noted that the majority of the residents would only have one car.
The residents that have two cars would park in their driveway. Novak indicated there are ten excess spaces
proposed on the plan right now available which would be available for guest parking. A maj ority of their
developments have one car garages and parking has not been an issue at those developments. CommonBond
takes a very hands-on approach with the management and will not just build this project and then walk away
from it. CommonBond has a long-standing reputation for providing quality housing.
Ann Mohaupt indicated that Ms.Novak has stated several times that they work closely with the communities.
Mohaupt asked who in Long Lake they have been working with.
Novak indicated she has been having conversations with Terry Post,Long Lake's City Administrator, and that
they have provided information to him,which is to be presented to the Long Lake City Council. The Long
Lake City Staff and Council are well aware of the proposal. Novak noted that CommonBond did flyer this
meeting above and beyond what is expected for a public hearing because they felt it was an opporlunity to hear
from the residents. The Planning Commission will not be voting on the plan tonight. Novak stated
CommonBond is attempting to extend an olive branch to let the residents know that they are interested in their
comments.
Michael LeQuay asked whether there can be anything done for a waiting list.
Novak stated they typically do not start a waiting list until the development is moving forward. Once the
application is going forward, a waiting list will be started and they will let people lrnow who to contact.
Jan Solheim commented that she did not see any recreational facilities proposed for the site at all and asked
where the children are going to play.
Novak stated currently there is approximately a 2000 square feet community center proposed for the site and a
tot lot, and that it has been their experience that the residents encourage their children to use the onsite
playground.
Tanya Stevens, 264 Inglewood,Long Lake, stated she does not agree with the proposal and that she would like
to see it in Orono and not in Long Lake's back yard. Stevens suggested the development be located near the
police station.
Kang reiterated that this is a sketch plan review and that the Planning Commission will be taking no action
tonight on this matter. This is an opportunity to provide feedback to CommonBond and that the sketch plan
review will be proceeding next to the City Council. Kang noted this application will be before the Planning
Commission again on May 17`�'.
Page 17
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,Apri119,2010
6:30 o'clock p.m.
(#10-3460 COMMONBOND COMMIINITIES,SKETCH PLAN, CONTINUED)
Steve Kranz,281 Inglewood Street,Long Lake, asked how this came about and whether the City of Orono
contacted CommonBond.
Gaffron stated to his lrnowledge a group from Interfaith Outreach approached CommonBond about doing a
development in Orono. CommonBond then approached the City in approximately September of last year.
CommonBond has not made a formal application to the City.
Mohaupt stated the Long Lake residents would encourage CommonBond to withdraw their plan.
The Orono Planning Commission took no formal action on this item.
*5. #10-3462 CITY OF ORONO,CODE AMENDMENT CHANGE FOR POLITICAL SIGNS
Schoenzeit moved,Winer seconded,to recommend approval of ORDINANCE NO. ,Third Series,An
Ordinance Amending Chapter 78 of the Orono,Minnesota,City Code by Amending Sections 78-1466(9)
Regarding Signs. VOTE: Ayes 5,Nays 0.
6. COMPRE�NSIVE PLAN,8:40 P.M.—9:35 P.M.
Gaffron stated the City of Orono is looking at reguiding certain areas of the City for higher density,which
includes the properly near the fire station,the area west of the Orono industrial park, and the Eisinger landfill
site. Another high density area is located across from the Orono Montessori School. Gaffron noted that Staff
expects an application to be submitted in the new few months for an assisted living facility consisting of
approximately 54 units.
Other high density housing currently within the City include the senior housing building on Brown and
Wayzata Boulevard and the Stonebay development that is located across from Kelly Parkway,which includes
townhomes and condominium buildings. Most of the property that is located to the west and south are fully
developed at the two acre minimum lot size and there is not a lot of area left for development southwest of the
fire station. Similarly, the area north of downtown Long Lake between Brown and Willow is almost fully
developed,the area north of Stonebay is fully developed, and the areas to the northeast are fully developed.
Gaffron noted there are very few areas left in what is considered rural Orono that the city could bring sewer
and water to service higher density. The area between Kelly Parkway and Wayzata Boulevard is guided for
office use,with a dental office on the corner, and to the east a proposed bank.
Gaffron stated,the City has looked considerably at sites for higher density. At the Apri17`"Comprehensive
Plan public hearing the residents voiced similar comments relating to the area near the fire station. Staff also
reviewed areas in Navarre for higher density. Gaffron noted another part of Orono that has sewer and water
facilities and is located close to a commercial district and bus lines that is not fully developed is the Navarre
area. Staff is proposing a mixed use district near County Road 19 to allow for additional options for
development of multi-family housing. Staff is proposing properties that abut Shadywood Road or Shoreline
Drive for the mixed use district. The majority of the properties that are proposed to be reguided are currently
zoned commercial or residential.
Page 18
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,Apri119,2010
6•30 o'clock p.m.
(COMPREAENSIVE PLAN,CONTINUED) •
Gaffron stated he would like to review the list of specific requests that were raised during the Apri17`�'
meeting. The property located at 2525 Shadywood Road is vacant at the present time and consists of three
lots. To the rear of that property abutting Kelly Parkway is a fairly extensive wetland. The intent of the City
was to just take properties abutting Shadywood Road and reguide them to allow for mixed use or multi-family.
The property owner of 2525 Shadywood has requested that the higher ground northeast of the wetland be
guided for higher density as well. Gaffron noted there is no access off of Kelly Parkway to this area. Staff �
would recommend including that in the higher density area as well.
As it relates to 3245 Wayzata Boulevard,which is the Eisinger landfill site,the properiy consists of a closed
landfill as well as some area that has the potential for recreational space. That area likely is not buildable. The
City is planning to guide that area at a density of seven to ten units per acre,which would be similar to the
property to the east. The property owner has requested that it be guided for 10 to 15 units per acre. The basis
for the request is that because sewer and water has to be extended westward,the 10 to 15 units would be a
more appropriate density that would allow them financially to accomplish that and that it might not maximize
the property if the density is only at seven to ten units per acre. There potentially is five to eight acres
available for development. At 10 to 15 units per acre,there is the potential for 75 units. Gaffron indicated it is
questionable whether something that size could be built on the site and that 50 to 60 units is more likely.
Staff is recommending that that the density for 3245 Wayzata Boulevard be increased from five to seven units
per acre to 10 to 15 units per acre.
As it relates to 3559 Lyric Avenue,the property owner has requested that the site be added to the mixed use
designation. The properiy owner has indicated he would like to split the properiy into two single family lots.
The intent of the mixed use district is to provide for new multi-family options at higher densities. The two
smaller single-family lots do not meet the intent of the mixed use guiding in the Navane area. Staff does not
find a reason to reguide that site to higher density since the property does not abut County Road 15 and would
recommend denial of that request.
In addition,the property owner of 2940 Sixth Avenue North has requested that the site be added to MUSA. It
is a 23 acre parcel and is currently guided for rural residential development. A preliminary plat was approved
two or three years ago that allowed the property to be developed into six single family lots with septic systems
and city water. The property has a significant amount of wetlands on it as well as some high ground and
wooded areas. The applicant has requested that it be provided municipal sewer,reguided for urban density,
and added to MUSA. At the time of the preliminary plat,extension of city water was approved but the City
Council denied extending municipal sewer due to the low density in this area. Staff recommends denial of that
request since it is not a location the City would like to add high density.
Gaffron stated the property owner of 2940 Sixth Avenue has also requested that the City's existing parcel size
maps be revised to reflect that the property consists of more than ten acres of dry land. Staff would agree to
that map change.
Another request is regarding Mrs.Bushbaum's property,which is shown on the City's revised existing land
use plan map as park,which is inconect and should be changed. Staff would agree to that change. There are
three properties next to it that are currently in private ownership and are shown on the map as parkland. Three
Rivers Park District,in conjunction with Hennepin County,have requested that the City keep those properties
as is since they are in the master plan for Baker Park and the Three Rivers Park District and should be shown
as future acquisitions by the park district. Gaffron noted the park district does not have eminent domain and
Page 19
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,Apri119,2010
6:30 o'clock p.m.
(COMPREHENSIVE PLAN, CONTINUED)
does not plan to purchase the properties via eminent domain,but there is a plan to acquire those properties in
the future.
Gaffron noted the City would not be in compliance with the Metropolitan Council plans if those properties are
not shown as future acquisitions. Mrs.Bushbaum has indicated she is not interested in selling her property.
To be in compliance with Metropolitan Council requirements,the City would need to show them as future
park land.
Gaffron stated the City received a letter from the neighboring property requesting two parcels in Navarre
not be included in the mixed use density area. The writer of the letter is not the owner of those two properties
and the City has not heard from the property owners on whether they would like the lots to be reguided for
mixed use. A number of developers through the years have suggested that it would be appropriate and feasible
to do some sort of one-level retail with one to three levels residential above it on those properties. Gaffron
noted that no developer has approached the City with a formal plan. Currently the City's Comprehensive Plan
would not allow that type of development but the mixed use district would. The two properties total
approximately two and a half acres in area and it is possible to construct 15 dwelling units at the proposed
density.
Gaffron stated there were some property owners in attendance at the Apri17`�'meeting who did discuss the land
by the fire station. At the present time the land is guided for two to three units per acre and is proposed to be
reguided to 10 to 15 units per acre to accormnodate the CommonBond project. The Planning Comxnission
heard comments tonight that the majority of the residents are opposed to high density at that location.
Gaffron noted Metropolitan Council has to approve any sewer connections or extensions of their metro system.
Metropolitan Council have made significant investments in infrastructure systems through the decades that
they are attempting to protect by requiring higher densities. The City is currently attempting to meet the goals
of the Metropolitan Council. The City had originally submitted a plan that did not show the higher density
areas and a letter was received back saying that the City is not in compliance and that some areas would need
to be reguided for higher density in order to meet their goals. Gaffron stated that if the City does not comply
with the Metropolitan Council's requirements, it is possible they would not allow sewer connections in the
future.
Gaffron stated the proposed Comprehensive Plan has been reviewed and discussed by the City Council over
the past six months. The Planning Commission has been involved in those sessions at times. Staff would like
the Planning Commission to make recommendations on each of the four specific requests that were made on
April�cn
Schoenzeit asked whether this is Long Lake's sewer or the Metropolitan Council's sewer.
Gaffron stated the agreement that was referred to earlier tonight states that the City of Long Lake has agreed to
provide up to 350 units based on whatever capacity is available. Attorneys have reviewed that document and
believe that document is fairly defensible. Gaffron stated it remains to be seen whether there are 350 units or
42 units or exactly what capacity the City of Long Lake has left to serve Orono's properties. The agreement is
approximately ten years old.
Chair Kang opened the public hearing at 9:07 p.m.
Page 20
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,Apri119,2010
6:30 o'clock p.m.
(COMPREI�NSIVE PLAN, CONTINUED)
Michael LaQuey,P.O. Box 94, Crystal Bay, stated he would reiterate his support for the property behind the
fire station being reguided for higher density. LaQuey stated one option the City could consider to address the
density issue is to allow an overlay district along the state highways that would allow for duplexes. A number
of those properties currently are small and single-family. If a duplex is constructed on a quarter acre,it would
count as eight per acre density,which would help the property owners that have been severely impacted by the
traffic in those areas and would benefit Orono by the increased density.
, Gaffron stated currently Orono Zoning Codes do allow for duplex use within a certain distance of any
commercial district.
� Jennifer Haskamp stated she is here on behalf of Susan Seeland and Stonegate Farms. Haskamp indicated she
would like to make some clarifications to the analysis done by the City with regard to their request for sewer to
the property. They are not requesting to have higher density at this site but they are requesting municipal
services and sewer. The properties that are to the south of this property are actually guided in the City's Land
Use Plan as low density residential,which is half a unit to two units per acre. The property is also currently
included within the MUSA. In terms of what is being requested,Mrs. Seeland would be requesting a similar
type of density on this property.
Haskamp stated she would also like to make a clarification in terms of the Planning Commission discussion
concerning the CommonBod properiy. Haskamp questioned why the City is attempting to jam all of this
density on very specific small parcel areas. Haskamp indicated she is very familiar with the Metropolitan
Council and that they have a threshold of three to five units per acre that they attempt to meet. The City can
achieve that in a number of different ways. The City could allocate areas within the community that would be
well suited for density that would be in the ball park of those ranges without jamming them all onto very
specific properties. The properties along County Road 6 could be well suited for two to three units per acre.
In terms of options,there are a number of options available to the City that would allow them to achieve the
required number of units and density that the Metropolitan Council is requesting.
Haskamp indicated she would also like to clarify the surrounding uses with respect to the property on County
Road 6. It was stated that this is a very rural area,which is really not the case. The hockey arena is located to
the south and is easily seen from this property. There is also a fairly urban development kitty-corner from this
property located in Medina that is sewered. With the exception of the properties that are adjacent to the east,
everything around it does not have a rural character. This area in particular is actually more piecemeal and
does not fit in with the general plan for what is going on in the surrounding land uses.
Haskamp suggested the City consider designating a corridor where there might be services available to
residents who are in higher densities. The corridor could match up with the parameters that were spoken of
earlier tonight and could include the schools, community facilities,ice arena,and Baker Park. Haskamp noted
that Baker Park is also part of the Metropolitan Council in terms of their regional systems.
Haskamp requested the area along County Road 6 be given a little further consideration in terms of density and
services.
Terry Schneider stated he is representing the owner of 2525 Shadywood Road and that he is in agreement with
Staff's recommendations.
Page 21
MINUTES OF THE
ORONO PLANNING COMNIISSION MEETING
Monday,Apri119,2010
6:30 o'clock p.m.
(COMPREHENSIVE PLAN,CONTINUED)
Susan Seeland,2940 Sixth Avenue North,stated there has not been a lot of discussion about sewer as it relates
to Metropolitan Council's vision for this area. Seeland indicated at the Apri17`"meeting she had stated that it
was her understanding that for the last 20 years her property has been within the Metropolitan Council's future
urban service area. Seeland stated she is aware that there is sewer pipe,which might not be a pipe sized to
serve the entire Blue Lake service area,but there is a pipe that could service that site at Old Crystal Bay Road
and County Road 6. Seeland stated her property and all the land to the Tamarack swamp,which consists of
approximately 200 acres,is located in the future service district for the Blue Lake waste management area.
Gaffron stated the Metropolitan Council has designated every area in Orono that is not within the MUSA as
urban reserve,which means the properties that are held to a one unit per ten acre density for future
development should be developed at three units per acre high density. That is totally opposite of what Orono's
philosophy has been for three decades. For that reason,the City of Orono has never defined or established any
areas of the City as urban reserve and has no intention to do so in the near future,which means that the City is
not in compliance with that Metropolitan Council standard. Orono feels they cannot meet that standard since
there are very few large parcels left for development within the City. Any remaining large parcels are
scattered throughout the City. The City anticipates that the Metropolitan Council will accept the City's bases
for not designating any urban reserve areas and will allow the City to develop those parcels as the City has
been for the last three decades. The reason for the higher density in specific defined areas is to provide sewer
where needed and to continue to develop the remaining parcels at that low density pattern that has been
established.
Seeland stated it is her understanding that Medina was forced by the Metropolitan Council to include her
property in that future service area.
Gaffron stated they are not expecting that to be the case for Orono.
Seeland stated if they are unable to get sewer with low density,her alternative is to wait 10 to 20 years until
they can hook up to sewer with whatever density at that point.
Gaffron indicated that will probably be the case. Gaffron stated Mrs. Seeland could also develop her property
at the current densities that the City has had in place for a long period of time.
Seeland indicated she is not going to do that since she cannot make the community wastewater work with a
sand filter. Seeland stated she attempted to do that and had the system designed,but the problem was that it
required a huge,gigantic area. Her original intent was to put the system where they were removing a home.
Seeland noted that a sand filtered system is the only wastewater treatment system the City of Orono will allow
at the present time for community treatment.
Gaffron stated the City of Orono approves all types of different septic systems for various projects. The City
approved a system at the time of preliminary plat that the septic inspector felt would be viable for this property
but rejected any system that would involve high maintenance of inechanical equipment. Gaffron noted the
City has a past history of problems with a sand-filtered system,which is why the system Mrs. Seeland
proposed was not approved.
Seeland stated she did accept that at the time of the preliminary plat,but once she got into the design and met
with different engineers and installers,they convinced her that it was not a long-term solution since it would
clog within 10 to 15 years,no landscaping could be planted on top of it,and that it would smell. Seeland
commented that was not the vision she had for her conservation subdivision. Mrs. Seeland indicated she has
Page 22
MINUTES OF THE
ORONO PLAl�TNING COMMISSION MEETING
Monday,Apri119,2010
6:30 o'clock p.m.
(COMPREHENSIVE PLAN, CONTINUED)
since met with the MPCA and with various engineers,attended classes, and decided that the most responsible
thing to do was to construct a multi-flow system,which is a mechanical aerobic system that has been approved
in the state of Minnesota for over 30 years. Mrs. Seeland asked whether her understanding that the MPCA has
changed their rule requiring all cities to allow this system is incorrect.
Gaffron indicated he is not familiar with those rule changes. Gaffron suggested that Ms. Seeland discuss those
issues with the City's septic inspector.
Seeland stated the bottom line is she cannot do what would actually function for a long period of time and
could be maintained. Mrs. Seeland stated if she is unable to do that, she is left with no choice but to wait on
that ten acre property until municipal sewer is available.
Bob Erickson,Welsh Companies,indicated he is here on behalf of the Eisingers. Erickson requested the
Commissioners turn to Page 16 of the City's Comprehensiye Plan. Erickson complemented the City on theier
height restrictions and noted the Eisingers are accepting of the two-story limitation of 30 feet but that they
have an issue with the determination that has been made for a footprint of no greater than 32,500 square feet.
Erickson stated their architectural group has deternuned that the only viable use that would work in a footprint
of 32,500 square feet would be senior housing given the small size of rooms that exist in that type of use.
Erickson indicated they would prefer not to have that type of limitation of square foot placed on this five acre
site. Erickson stated they believe there are legitimate reasons for the two-stories and that it seems premature to
limit the square footage. Erickson noted this is a long-term development opportunity and not a short-term one
and would require development of the parcels to the east first. The property consists of 30 acres with a five
acre development site. Even with an increase in the square footage,they would not exceed a three unit per
gross acre density. The density will be kept extremely low. If you look at the number of senior housing
centers that are being proposed in Orono and the surrounding communities,the Eisinger parcel warrants a
greater footprint and that the space is available to accommodate the ordinances and requirements identified in
Staff's recommendations one through eight.
Erickson stated they are agreeable to working with Staff on the square footage to see if that can be modified or
if language could be drafted that would allow some flexibility and still keep all of the City's requirements for
density in place.
Tom Ritchie,2507 Kelly Parkway, stated as it relates to the Navarre area,the residents are concerned about
traffic as future development occurs to the west. Anything that drastically changes the character of the
neighborhood would be highly unwelcome.
Richard Edwards, 2480 Carman Street, stated he has lived in his residence since 1954 but rebuilt following the
tornado that went through the area. Edwards asked whether there will be any changes made to the intersection
of Highways 15 and 19 in Navarre.
Gaffron stated to his lmowledge the County has no plans to make changes to the intersection. Gaffron noted
there was some discussion regarding that intersection at the Apri17°i hearing and how this three-way right turn
is problematic. In addition,the city parking lot,which includes a park-n-ride, forces people to cross the street
to get to the bus stop,which is also problematic. Gaffron aclrnowledged there are a number of issues that need
to be looked at and resolved in the Navarre area.
Page 23
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,Apri119,2010
6:30 o'clock p.m.
(COMPREHENSIVE PLAN, CONTINUED)
Edwards stated at the time they purchased their property,the lagoon was only on their property but that since
then his neighbor has expanded the lagoon.
Kang asked if Mr. Edwards concern relates to the traffic on County Road 15.
Edwards stated the traffic is heavy,especially during rush hours. Edwards stated the City's map shows the
lagoon going up to the road. At the time he purchased his property,there was no sidewalk going up to the
business district, and with the City's permission,he added a sidewalk. Edwards noted following the tornado,
the City dumped some items in the swamp and covered it over,which has resulted in two lots that are not
buildable and not useable.
Gaffron stated the area full of debris from the tornado is also an area where the City has an out fall from the
storm sewer system. Gaffron indicated the City at some point in the future would like to establish better storm
sewer management at that location by creating some ponding in that area. Gaffron stated Staff would like to
discuss that with Mr.Edwards in the near future.
Edwards stated the lagoon currently drains down across his property now.
Gaffron noted some silt has been washed down into the lagoon and asked if the silt is coming from that filled-
in area.
Edwards indicated he does not lrnow where the silt came from. Edwards indicated his main concern is with
the intersection of 15 and 19.
Brent Lindgren,2501 Kelly Avenue, stated the Kelly Cove Association would request that the City eliminate
the mixed use district in Navarre.
Aaron Printup, 2195 Prospect Avenue, stated it is natural that traffic will be an issue in this area regardless of
what is proposed. Printup stated in his view the higher density takes away from Orono's character and that the
brochure promoting Orono's community management philosophy is pointless if this is the direction the City is
going.
Printup asked whether it is every 20 years that the comprehensive plan is updated.
Gaffron stated it is done every ten years with a 20 year outlook.
Printup asked if the Metropolitan Council has ever not allowed expansion.
Gaffron stated the City has had two requests for sewer connections from properties that have been within the
MUSA for the past ten years. The City fully expected that the Metxopolitan Council would approve those two
individual sewer connections but they were denied based on the City not meeting the overall density of three
units per acre based on their proposed Comprehensive Plan. Gaffron noted the City has a number of other
neighborhoods,primarily around the lake,that have been guided for low density with sewer. The
Metropolitan Council does not want those to be provided with municipal sewer until the City can show that
they are providing offsetting density or guiding areas for higher density of at least three units per acre. Staff
has had a number of discussions with the Metropolitan Council over the years and Staff has had to designate
certain areas at higher density in order to allow the rest of Orono to be developed as they have historically
Page 24
MINUTES OF THE
ORONO PLANI�TING COMMISSION MEETING
Monday,Apri119,2010
6:30 o'clock p.m.
(COMPREHENSIVE PLAN, CONTINUED)
been. The City has hired a consultant to provide that guidance to the City of Orono but that there will be areas
that will need to be reguided.
Printup asked what the likelihood is that the Metropolitan Council will go defunct.
Gaffron indicated he is unable to speculate on that. Gaffron stated every time a new governor is elected,he
appoints a new director. There has been discussion in the past that the Metropolitan Council is an appointed
body and not an elected body,but that he is not sure about the future of Metropolitan Council.
Printup asked if the expansion of higher density and sewer is environmentally friendly. Printup stated he is not
sure the higher density areas would be in the best interests of Lake Minnetonka since it would endanger the
water.
Gaffron stated he could engage in a long discussion regarding the merits of higher density.
Chair Kang suggested Mr.Printup have that discussion with Mr. Gaffron at a later time.
Kim Edwards,2450 Inglewood Drive, stated in his view the property near the fire station property seems to be
out of place and inconsistent for high density since it is such a small area. Edwards stated in his view there is a
lot of area that has not been developed that should be considered.
Chair Kang closed the public hearing at 9:40 p.m.
Kang asked how the footprint of 32,000 square feet was arrived at.
Gaffron stated there is a depiction of the senior housing building that is located at Highway 12 and Brown
Road that is overlaid onto the 3245 Wayzata Boulevard site. That building fits comfortably on the Eisinger
site and still meets the required setbacks from the wetland and required setbacks from Highway 12. The
building is approximately 32,500 square feet,which drove the analysis for how big of a footprint is appropriate
for the Eisinger site. Gaffron noted there are still a number of unlrnowns as far as where the boundaries are of
the wetlands and the landfill. The City suggested that a building of 20,000 square feet for the site at the east
end is as big as it should go and that the City does not want the building to become the focus as you enter
Orono.
Schoenzeit asked if the Eisingers are proposing something else for the site.
Erickson stated they have not had the time to quantify the square footage but would be able to do that by the
end of this week. Erickson asked if the senior housing building is three stories.
Gaffron indicated it is.
Erickson stated if they were allowed three stories,they would be able to accomplish their objectives but that
they have been told they would not be allowed that.
Schoenzeit asked if there is a certain amount of interior feet they would like to meet.
Erickson indicated they could provide that information to Staff and the City Council by the end of the week.
Page 25
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,Apri119,2010
6:30 o'clock p.m.
(COMPREAENSIVE PLAN, CONTINUED)
Kang asked if this property is taken out of the mixed use,whether that would result in a reduction of only 15
units.
Gaffron indicated it would.
Schoenzeit asked if this would be a major piece of Navarre's possible future improvement.
Gaffron stated to not allow that site the option of mixed use provides some limitations on what can happen.
Schoenzeit commented that it seems it would be better to remain consistent given the number of complaints.
Gaffron pointed out they are only talking about 15 units and that it would not be a deal breaker as it relates to
approving the Comprehensive Plan.
Schoenzeit stated it may handicap a more comprehensive improvement plan for Navarre if it is removed.
Kang asked whether Commissioner Schoenzeit would like that to remain in the mixed use designation.
Schoenzeit indicated he would.
Leskinen noted the reguiding does not change the zoning and does not formally start any development but
merely opens up the possibility for different types of development. Leskinen stated a number of things would
need to happen before that type of development could occur.
Winer noted the Planning Commission, City Council,and Staff have been working on this plan collectively for
a considerable amount of time.
Kang asked whether the Planning Commission should make a recommendation on the square footage for 3245
Wayzata Boulevard.
Gaffron suggested the Planning Commission let the City Council address the issue of the square footage.
Feuss asked if the Planning Commission can agree to it subject to conditions to be agreed upon between the
City Engineer and the property owner. Feuss noted there are four staff recommendations and the one on
Wayzata is subject to conditions which are not outlined.
Kang stated the Planning Commission could agree to revisit the square footage issue between now and when
the City Council convenes.
Feuss moved,Schoenzeit seconded,to forward the Comprehensive Plan to the City Council consistent
with Staff s recommendations presented at tonight's meeting. VOTE: Ayes 5,Nays 0.
Gaffron noted this item would be brought before the City Council on Monday,Apri126`�'.
(Michelle Winer leaves the meeting at 9:52 p.m.)
Page 26
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,Apri119, 2010
6:30 dclock p.m.
PLANNING COMMISSION COMMENTS
7. Report of Planning Commission representatives attending City Council meetings on
March 22, 2010, and April 12, 2010
Kang stated she attended the April 12`�'meeting and that the City agreed to contribute $3000 towards the
chemical treatment of Carman's Bay.
8. Other issues for discussion
None
9. Selection of representatives to attend City Council meetings on Apri126, 2010, and May 10, 2010
Apri126, 2010—Leskinen
May 10, 2010 -Feuss
ADJOURNMENT
Schoenzeit moved,Kang seconded, to adjourn the Orono Planning Commission meeting at 9:55 p.m.
VOTE: Ayes 5, Nays 0.
� r �C `_ ��-
Kim Kang, Chair,
__ _ __...._ Page 27