HomeMy WebLinkAbout02/22/2011 Planning Commission Minutes MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
� Tuesday, February 22,2011
6:30 o'clock p.m.
ROLL
The Orono Planning Commission met on the above-mentioned date with the following members present:
Chair Kim Kang, Commissioners Loren Schoenzeit,Denise Leskinen,Linda Feuss,John Thiesse, and
Hue Alexander. Representing Staff were Assistant City Administrator for Long-Term Strategic Planning
Mike Gaffron, and Recorder Jackie Young. City Council Member Cynthia Bremer arrived at 6:40 p.m.
Chair Kang called the meeting to order at 6:34 p.m., followed by the Pledge of Allegiance.
CONSENT AGENDA
*1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF JANUARY 18,
2011
Kang moved,Schoenzeit seconded,to approve tlie minutes of the Orono Planning Commission
meeting of January 18, 2011, as submitted. VOTE: Ayes 6,Nays 0.
NEW BUSINESS
2. #11-3498 KRAUS-ANDERSON,875 WAYZATA BOULEVARD WEST,RESIDENTIAL
PLANNED UNIT DEVELOPMENT,6:37 P.M.-7:44 P.M.
.Matt Alexander,Kraus-Alexander; Steve Johnston, Civil Engineer; Jill Nokleby-Kaiser,Ebenezer; and
Dan Neudecker,Pope Architects,were present.
Gaffron stated the applicant is requesting RPUD Master Development Plan approval, and RPUD
conditional use permit, and rezoning of the property located at 875 Wayzata Boulevard.
In the 1980s,this property was granted a conditional use permit for a daycare. Following the closure of
the daycare,the property had several development application starts and stops. The single-family zoning
at the one home per two acre density was becoming unrealistic considering the property's location
situated between two highways, a regional trail, and a cemetery. It was undesirable for development of
single-family homes. The property was then reguided to allow a higher density of residential units to
open the doors for more development options.
Recently the Welsh Companies and Ecumen made an application for an assisted living facility which was
generally well received and the City felt that such a development would fill a need in the community.
The Planning Commission reviewed their application at the June 21,2010,meeting. On July 12, 2010,
the City Council granted Residential Planned Unit Development concept plan approval to Welsh
Company for their proposed 55-unit assisted living project at 875 Wayzata Boulevard West. Since that
time Kraus-Anderson and Ebenezer have taken over the project and wish to pick up where Welsh and
Ecumen left off.
In January,the new applicant/developer,Kraus-Anderson,made the application to complete the final step
of Master Development Plan approval,which also includes rezoning from RR-1B to RPUD and a RPUD
conditional use permit to allow assisted living.
Page 1
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011
6:30 o'clock p.m.
(#11-3498 KRAUS-ANDERSON, 875 WAYZATA BOULEVARD WEST, CONTINUED)
The language in the 2008-2030 Community Management Plan was revised in the most recent CMP
update process to allow for the site to be developed at a density of up to 15 units per buildable acre with a
maximum structural coverage of 30,000 square feet. Including the covered entry,the applicant is
proposing a two-story building with a 25,665 square foot footprint and a total of 47,891 finished square
feet. The building will consist of 63 total units—33 assisted living, 11 enhanced assisted living, and 19
memory care units.
The Planning Commission should consider the following:
1. Compatibility of the proposed plan with the RPUD standards and consistency with the goals,
policies, and objectives of the comprehensive plan and surface water management plan;
2. Preservation of the site in its natural state to the greatest extent practicable by minimizing tree
and soil removal and designing grade changes to be in keeping with the general character and
appearance of neighboring properties;
3. Creation of compatible relationships between buildings and open spaces both on the site and
adjacent to it, incorporating natural site features and with existing and future buildings having
a visual relationship to the development, giving special attention to:
a) An internal sense of order for the buildings and uses on the site and provision of the design
concept and the compatibility of the same with the adjacent and neighboring structures and
uses; and vehicular and pedestrian circulation,including walkways, interior drives,and
parking in terms of location and number access points to the public streets,width of interior
drives and access points, general interior circulation, separation of pedestrian and vehicular
traffic and arrangement and amount of parking.
4. Promotion of energy conservation through design,location, orientation and elevation of
structures,the use and location of glass in structures and the use of landscape materials and
site grading;
5. Protection of adjacent and neighboring properties through reasonable provisions for surface
water drainage, sound and sight buffers,preservation of views,light and air and those aspects
of design not adequately covered by other regulations which may have substantial effects on
neighboring land uses. `
The applicants' new plan appears to have two full floors where the previous plan had a stepped down or
ground hugging appearance on the ends of the building.
The City had conducted a review of the information submitted by the applicant. It appears two of the
wetlands on the property have been determined not to be wetlands under the Wetland Conservation Act
jurisdiction. Therefore,these wetlands do not fall under the City's wetland regulations. The wetland
buffer widths shown on the applicant's plans are based on the MCWD width requirements and exceed by
five feet the City's buffer width requirement. A financial security in the amount of$12,000 should be
provided by the developer with regard to wetland buffers.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011
6:30 o'clock p.m.
(#11-3498 KRAUS-ANDERSON,875 WAYZATA BOULEVARD WEST,CONTINUED)
The developer has provided a final,master development plan for the development that generally
addresses all the standards of the RPUD District and shall demonstrate to the satisfaction of the City
Council that all RPUD standards have been met. The Concept Plan approval resolution outlined the plans
and specifications required for Master Development approval. These plans have either been submitted or
are in the process of being submitted for review and approval by the City and other appropriate
jurisdictions. Acceptable plans will be required prior to Council review.
Each property rezoned to RPUD shall only be used for the use or uses for which the site is designated in
the comprehensive plan. Assisted living facility was recently added as an allowed conditional use with
the RPUD district. The proposed use, as an assisted living/multifamily facility, generally meets the
comprehensive plan standards.
A site proposed to be rezoned to RPUD with proposed density greater than one unit per two acres must be
in the metropolitan urban services area and must be serviced by municipal sewer. Sewer and water are
available to this site. The property is within the MiJSA. The applicant has submitted sewer and water
utility plans and they are currently being reviewed by the City Engineer.
Each development in the RPUD District shall have a density within the range specified in the plan for the
specific site. This project will result in an overall density of 9.8 units per buildable acre, which conforms
to the 2008-2030 CMP guiding of this property allowing up to 15 units per acre.
For properties guided for residential use in the comprehensive plan,a building height limit of 30 feet shall
apply. No mansard or flat roofed multiple-family building will be allowed. The currently proposed
building is a slightly different design than what was previously proposed. At 25 feet,the overall de�ned
heights meets the 30-foot height limitation.
Each RPUD development shall provide a minimum of ten percent of the gross project area in private
recreational uses for project residents. Such area shall be for active or passive recreational uses suited to
the needs of the residents of the project,including swimming pools, trails,nature areas,picnic areas,tot
lots and saunas. Private recreational area requirements are in addition to the standard park dedication
requirements. The site offers a great deal of open space or natural area. There are 3.8 acres of wetland
and over five acres of usable, open space including outdoor patios. The proposal meets the RPUD private
recreational area requirement.
Signs shall be restricted to those which are permitted in a sign plan approved by the City and shall be
regulated by permanent covenants. Any proposed monument and wall signage will be required to meet
City Code signage requirements. The right-of-way is irregularly wide in this area. The landscape plans
show a monument sign just outside the property boundary along the driveway and within the right-of-
way. The developer must show that Hennepin County or MN/Dot has granted approval for this location.
An alternate location has also been showing within the property at the northeasternmost point along
Wayzata Boulevard.
The RPUD minimum landscaping requirement states that all open areas of a lot which are not used or
improved for required parking areas, drives,trails or storage shall be landscaped with a combination of
� Page 3
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011
6:30 o'clock p.m.
(#11-3498 KRAUS-ANDERSON, 875 WAYZATA BOiJLEVARD WEST, CONTINUED)
deciduous and coniferous species,including overstory trees,understory trees, shrubs, flowers and
groundcover materials according to the RPUD Code Section 78-626(14)(b)(1).
The site perimeter is 3,292 linear feet. The building footprint is 24,500 square feet(without the canopy).
According to the applicant's plan,tliey have used a perimeter based on the developed portion of the site
rather than the entire property resulting in a lower number of trees required. The plan should be revised
to address the number of trees as required by code.
The plan as proposed is short 24 deciduous and 10 coniferous trees. The plans exceed the required
number of shrubs considerably by 294 shrubs,but the excess of shrubs does not offset the required trees.
The plan should also identify all of the healthy trees to be removed from the site that are over six inches
in diameter. The applicant has been asked for this information and additional detail in the landscape
plans. The revised plans should be received,reviewed,and approved by Staff prior to the City Council
meeting.
The applicant has provided building plans, colored elevations, and a materials sample board for the
Planning Commission review.
The City may require a traffic analysis to be prepared by a registered traffic engineer approved by the
City to assess potential traffic impacts on local streets. All access to the development is proposed to be
the existing access on Wayzata Boulevard. Wayzata Boulevard is not a local street but is classified as an
"A"Minor Arterial. As with the Concept Plan review,the City has not requested a traffic study for this
project. The applicant will have to obtain the appropriate access permit from MN/Dot or Hennepin
depending on the status of jurisdiction.
All RPUD developments shall be subject to the general performance standards for lighting. The applicant
has submitted a proposed lighting plan. The plan appears to be in conformity with the general lighting
standards of the zoning code. The City's most comprehensive lighting standards are contained within
Section 78-831 which are appropriate to use as a guide for reviewing this residential development—any
inconsistencies will be noted prior to Council approval. The applicant will be required to provide plans
and specifications for each type of fixture with the building permit application. Ideally,the fixtures will
be shielded and downcast.
When any portion of the project is within 1,000 feet of a public trail system,pedestrian access shall be
provided to the trail system by means of a public trail constructed at the developer's expense. The
applicant has not proposed an access to the Luce Line Trail due to the nature of the development.
Because the proposal is for a multi-unit residential developed guided for urban density, the project is
subject to the requirements of Orono's Conservation Design ordinance. The applicant has prepared a
Conservation Design Master Plan for the site. There are some minor outstanding elements of this plan
which the applicant is continuing to develop. Staff feels that the remaining items can be addressed before
the City Council reviews the application.
Master development approval is contingent upon the successful execution of a Development Agreement
between the applicantldeveloper and the City. The agreement shall address all specific City requirements
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011
6:30 o'clock p.m.
(#11-3498 KRAUS-ANDERSON,875 WAYZATA BOULEVARD WEST, CONTINUED)
for the development. The Development Agreement shall include a financial guarantee by the applicant to
ensure the completion of site improvements. Once the final plans are approved,the City Engineer shall
complete an estimate of improvement costs,including but not limited to private roads, curb and gutter
where required,landscaping, grading, erosion control,utilities,wetland and wetland buffers, conservation
design requirements and storm water management facility construction, and the applicant shall provide to
the City a financial guarantee of 150 percent of the improvement costs.
The standard storm water and drainage trunk fee for residential development shall be paid by the
developer per the 2010 City Fee Schedule and comes to$72,520.
The developer shall pay the standard park dedication fee in lieu of land dedication based on the value of
eight percent of the land with a minimum residential park fee of$3250 per dwelling unit. The developer
is proposing 63 total units. Assuming the estimated market value of$1,276,000 from Hennepin County
tax records,the minimum fee would apply. Applying the minimum residential park fee and removing
only the memory care units would result in a park fee of$3250 times 44 units equals $143,000.
There are no City of Orono sewer and water connection charges due because the properly has been
assessed for sewer and water installation. However,the developer shall be responsible for connection
charges imposed on the City of Orono or on the developer by the City of Wayzata for connection to their
systems. MCES Sewer Availability Charges will be collected with the building permit for the property.
Prior to final development approval by the City Council,the developer will have paid all required fees
associated with the Master Development Plan.
The Planning Commission should provide direction to the applicant to resolve the outstanding or
unresolved items prior to the Council's review.
Matt Alexander,Kraus-Anderson, stated Kraus-Anderson is currently the developer/property owner in the
state of Minnesota of approximately 4.5 million square feet throughout the Twin Cities in addition to the
construction arm of their business. Kraus-Anderson has found Ebenezer to be a strong partner and they
have developed a business plan to create approximately half a dozen similar projects throughout the metro
area.
Jill Nokleby-Kaiser,Ebenezer, stated they have been in business serving seniors for approximately 94
years in the state of Minnesota and serve approximately 4,000 seniors at the present time. The proposed
memory care unit will provide a secured environment that provides social and clinical support for people
suffering from dementia and has onsite staff 24/7. The assisted living units allow the individual to live in
their own apartment with some limited assistance. Ebenzer is excited to be involved in this project with
Kraus-Anderson and look forward to working with the City of Orono.
Kang asked what other facilities Ebenzer operates.
Nokleby-Kaiser indicated they currently have five nursing homes and seven assisted living sites.
Ebenezer operates the Nine Mile Creek facility in Bloomington as well as a facility in Edina. They also
manage the Meadow Woods facility, own and operate the Deer Crest facility in Red Wing,the Arbors
Assisted Living Center, and the Meadows facility in Wyoming.
Page 5
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011
6:30 o'clock p.m.
(#11-3498 KRAUS-ANDERSON, 875 WAYZATA BOULEVARD WEST, CONTINUED)
Kang asked if these facilities are close to capacity.
Nolcleby-Kaiser stated the budgeted occupation is 93 to 95 percent due to turnover, and at the present all
facilities are at their budgeted occupancy except for the one building that opened last year.
Schoenzeit asked whether any of the residents receive public assistance or whether all the facilities are for
profit.
Nolcleby-Kaiser indicated it depends on what facility they reside in and that they have limited
participation in that type of assistance given the lower rate of compensation. Typically 10 percent of each
facility has residents who receive some type of assistance.
Schoenzeit asked whether this facility would also be approximately 10 percent.
Nokleby-Kaiser stated it would likely be 10 percent but that the exact percentage still needs to be
determined.
Kang asked which city would serve the facility for medical emergencies.
Gaffron indicated it would likely come from the Orono Police Department and the Wayzata Fire
Department. Gaffron indicated the Long Lake Fire Department serves all of Orono except for a one mile
strip on the east,which this property likely falls into.
Nokleby-Kaiser noted they do have staff on hand 24 hours, seven days a week,which would eliminate the
need for some of the emergency calls. They anticipate having fifteen staff inembers during the day and
then at night it would range between two to four staff personnel but that the number of staff inembers
depends on the amount of services being provided.
Kang asked what type of security would be provided for the residents.
Nokleby-Kaiser indicated the memory care building would be a locked building and the visitors would
need to call either the nurse's station or the individual they are visiting to gain entry to the building. The
memory care residents also need an access code to leave their floor.
Dan Neudecker,Architect, displayed the design of the building and site plan. The two-story building will
use manufactured stone at the base of the building and lap siding above. The site is adjacent to the Luce
Line Trail. Due to the steep topography in the area,it will be difficult to provide access to that trail.
There will also be a small storage structure on site adjacent to the building and a walking path around the
building. There will be a drive-under canopy in front of the entrance of the building along with a front
porch.
Neudecker indicated they are proposing a fair amount of landscaping for the site. There is a substantial
number of existing trees on site near the wetland as well as along Old Highway 12. The site is fairly well
screened from two sides.
Page 6
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011
6:30 o'clock p.m.
(#11-3498 KRAUS-ANDERSON,875 WAYZATA BOULEVARD WEST, CONTINUED)
The memory care units would be located on a secured floor. The amenities include a commercial kitchen,
assisted living dining room,with the memory care unit having a separate dining room, a spa or bathing
area,theatre, fitness area,library, and computer room. The typical unit plan would consist of a living
room,bedroom, small kitchenette containing a range, and a bath/shower area. Some units will have larger
bedrooms. The studio units will consist of a living room,bath, and kitchen area.
Alexander displayed the proposed materials for the building to the Planning Commission.
Feuss asked where the two non-wetland areas are located.
Steve Johnston,Civil Engineer, stated those two areas are not depicted on the plan but they are in the area
of the existing septic system for the daycare. The swale for the parking lot was created at the time the
daycare facility was constructed and it has developed wetland characteristics over the years but it is not
technically classi�ed as a wetland.
Feuss asked what would happen with those areas under this proposal.
Johnston indicated they would be covered by the parking lot. Johnston noted the appropriate government
agencies have looked at the so-called wetland areas and have determined they should not be classified as
a wetland.
Schoenzeit asked what the grade elevation the Luce Line Trail is and where it would hit the building.
Schoenzeit commented it appears the trail would be at the roofline elevation.
Johnston displayed two photographs taken from the Luce Line Trail. Johnston pointed out the roofline
would be hidden by the berm on one end of the building and that the peak of the roof is actually eight feet
higher than the trail on the other end.
Neudecker indicated to the ridge of the roof is 30 feet.
Schoenzeit stated the elevations are attractive from the grade of the parking lot but that the observers from
the trail would get the appearance of a warehouse building. Schoenzeit suggested larger gable roofs be
incorporated in the design to help break up the long, continuous roofline.
Neudecker noted they are planning some gable roofs at the ends. They are a lower pitched gable roof at
24.5 feet, which is below the 30 feet allowed.
Schoenzeit encouraged some thought be given to the appearance of the building from the Luce Line.
Neudecker indicated they are also planning some landscaping,particularly evergreen trees, adjacent to the
trail.
Alexander stated their goal is to screen the building and to have it blend into the site.
Page 7
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011
6:30 o'clock p.m.
(#11-3498 KRAUS-ANDERSON,875 WAYZATA BOULEVARD WEST, CONTINUED)
Kang stated to her recollection the Planning Commission had recommended to the previous applicant that
they incorporate landscaping to help screen the building from the Luce Line.
Feuss commented with Staffls recommendation that additional trees be planted on the site, it will be a
good improvement over what currently exists.
Thiesse stated the building has a nice appearance but that the height of the roof appears high. Thiesse
asked about the mechanical equipment.
Gaffron pointed out the east half of the top of the T is flattened out to accommodate the commercial
kitchen and mechanical equipment.
Neudecker indicated that area will accommodate an exhaust hood and makeup air unit.
Thiesse suggested the mansard be kept as tall as possible.
Neudecker indicated that is their intention.
Alexander pointed out the height of the canopy is not correctly depicted on the plan and that the trees will
actually tower over the building.
(Hue Alexander leaves the meeting at 7:25 p.m.)
Leskinen noted the last roof proposal from Welsh was not as tall and asked why that is not being
proposed for this facility.
Neudecker stated the difference between this proposal and the last proposal is that the ends of the building
were stepped down where this one is one continuous roofline.
Alexander pointed out that when you do the stepping down, it creates a larger roof area and that the
gables they are proposing at the ends will help to soften the appearance of the roof.
Gaffron asked whether the mechanical equipment is located in a depressed area of the roof.
Neudecker indicated it is and that the mansard is approximately eight feet tall.
Alexander pointed out from the Luce Line you will not be able to see the mechanical equipment.
Thiesse asked whether mansards are currently allowed in Orono.
Gaffron stated he was not aware that a mansard was proposed on the plan until earlier this evening and
that he has not checked City Code to see what that would allow. The height would be measured from the
top of the mansard and not to the average height of the roof. Gaffron indicated he is not sure what the
height measurement would be if the sloped roof would be continued up to a peak.
Page 8
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22, 2011 "
6:30 o'clock p.m.
(#11-3498 KRAUS-ANDERSON,875 WAYZATA BOULEVARD WEST,CONTINUED)
Neudecker indicated it would be the same pitch. The roof height in that area would be 30 feet and the
mansard roof is at 24 to 25 feet. Neudecker stated the kitchen is located on the first floor and they could
attempt to run the exhaust out the side wall, which would not be very ariractive. The exhaust for the
grease,however, would need to run out the top of the roof.
Alexander commented Kraus-Anderson is desirous of a well-constructed project that will stand the test of
time. .
Kang asked what type of deliveries would typically be made to the facility.
Alexander stated there would be deliveries to the kitchen. Alexander pointed out the area where the
deliveries would be made on the plan.
Gaffron displayed plans from the previous Welsh application.
Neudecker noted Welsh had proposed a much steeper roof.
Leskinen asked whether there would be a secured garden for the residents.
Alexander indicated there is a secured garden depicted on the site plan.
Chair Kang opened the public hearing at 7:37 p.m.
There were no public comments regarding this application.
Chair Kang closed the public hearing at 7:37 p.m.
Feuss commended Staff for their comprehensive report, and stated the only concern she would have is
ensuring that the additional trees are included.
Thiesse indicated he is in agreement with Commissioner Feuss.
Kang stated she would lean more towards the additional screening rather than dictating the height of the
rooflines.
Leskinen stated she is in agreement with the additional screening and that the applicants are proposing a
nice looking building.
Schoenzeit stated Staff has made some good recommendations and that his preference would be to have
the roofline changed slightly to enhance the view from the Luce Line but that he is okay with the
additional screening in lieu of altering the roofline.
Kang stated as it relates to Items No. 1 through 3 outlined on Page 2 of Staff's report,there does not
appear to be any conflicts with City Code. Kang noted the traffic on this site will be limited and that she
Page 9
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011
630 o'clock p.m.
(#11-3498 KRAUS-ANDERSON, 875 WAYZATA BOULEVARD WEST, CONTINUED)
does not have any concerns relating to the parking. As it relates to Items No. 4 and 5,the applicant has
done a good job addressing those concerns.
Gaffron indicated he would prefer a sign closer to the entrance and that he would be willing to work with
Hennepin County to see if that could be accomplished.
Leskinen asked whether the entrance would be 24 feet wide.
Neudecker indicated it would be.
Kang commented it appears the applicant has complied with all of Staff's recommendations and have
created a very thorough plan.
Feuss moved,Leskinen seconded,to recommend approval of Application#11-3498,Kraus-
Anderson,875 Wayzata Boulevard West,Residential Planned Unit Development(RPUD)Master
Development Plan&RPUD Conditional Use Permit,subject to the conditions outlined in Staff s
report. VOTE: Ayes 5,Nays 0.
3. #11-3500 CITY OF ORONO,AMEND CITY CODE SECTION 78-666,BOAT CLUB
CONDITIONAL USE PERMIT,7:45 P.M.—8:50 P.M.
Gaffron stated Staff is proposing to add a numerical parking requirement to the B-2 standards. Currently
The B-2 standards do not specify a numerical parking requirement for boat clubs.
Orono has five commercial marinas on Lake Minnetonka. All are zoned B-2 Lakeshore Business District.
They comprise approximately 0.7 mile or 2 percent of Orono's 40.4 miles of Lake Minnetonka shoreline.
The marinas share a number of characteristics that make them unique as compared to most other
lakeshore uses.
Orono's B-2 District has allowed boat clubs as a conditional use since 1995. Although not strictly
defined in the Code, our working definition of a boat club goes back to the discussions that resulted in the
1995 revisions of the B-2 District ordinances. At its simplest, a boat club is a time-share situation in
which multiple persons have the right to share in the use of a single boat. This may have a number of
permutations, such as having the right to share in the use of a variety of different boats. The critical factor
is the potential for a given boat to be used on many more occasions in a given time period as compared to
a boat used only by its owner.
Because of the potential for boat clubs to create more intensive use of a marina site,boat clubs are a
conditional use within the B-2 District and cannot be operated unless a conditional use permit is obtained.
CUPs are issued to the owner of the property,not to a lessee or tenant,because the CUP becomes a
property right. Application for a boat club CUP must be made by the property owner,not merely by the
tenant. Any CUP approved will be granted to the owner and tied to the property,with conditions that
would apply to any boat club operator at the site.
Page
10
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011
6:30 o'clock p.m.
(#11-3500 CITY OF ORONO,AMEND CITY CODE SECTION 78-666, CONTINUED)
The B-2 District Standards of the zoning code do not distinguish between the property owner and lessees
in terms of operation requirements. The property owner is responsible for the property remaining in
compliance with the code regardless of the leases it may choose to enter into with tenants.
As a conditional use,under current code the boat club use will only be allowed if it can be shown by the
property owner that adequate parking is available on the site to accommodate that business operation in
addition to all other approved operations on the site. The premise behind this ordinance requirement is
that a time-share boat club operation has the potential to create a higher level of use than a standard
single-user/single-owner situation; for instance,because of the potential for overlapping parking needs of
back-to-back users.
The basic parking requirement of six stalls for each 10 slips assumes no more than 60 percent of boats
being used at a given time,one car per boat. This standard has been in effect since creation of the B-2
District when the average pleasure boat stored at Orono's marinas was significantly smaller than today.
With today's variety of large boats holding many passengers,there is a potential for inadequate parking at
busy times, if passengers for a single boat arrive in separate vehicles. This may be exacerbated by a boat
club if back-to-back uses result in the need for parking overlap, or if boat club members and their guests
arrive in multiple vehicles. Because our marinas are all on busy county roads,nearby street parking is
extremely limited and is to be avoided.
Demonstration of parking adequacy for a boat club on the property should include a detailed written
description of how the overall site is used,how the boat club operates,hours of operation,what space on
the site is used for offices or other purposes,whether it is staffed full-time,how many employees at any
given time, etc. other factors that come into play include the passenger capacity of club boats,what
percentage of the marina slips are devoted to club boats,how many members per boat, and how much of a
time interval is there between uses of a given boat. Many of these are all operational factors that can
make a parking situation succeed or fail.
For the Sailors World boat club CUP, approval was granted for a 100-member maximum boat club use
subject to maintaining the exclusive availability of 25 off-site parking stalls during May through
September with the City reserving the right to reconsider if parking issues or inadequacies arise at the
marina or at the off-site parking location.
None of the�ve Orono marinas are adjacent to private off-site parking facilities. Sailors World for a
number of years had an agreement with the Minnetonka Art Center for parking, which is approximately
3/8ths of a mile walking distance from the marina. The current status of that arrangement is not lrnown.
While off-site parking combined with a shuttle service may be technically feasible,whether it is a practice
that should be used to allow for a boat club use where parking is inadequate is an item for discussion.
Note that it would not be appropriate to accept a plan for off-site marina parking at one of the public
landings.
For most, if not all, of Orono's marinas,parking availability is already an issue given the number of slips
each has historically maintained. Increased parking requirements to allow addition of a boat club use may
not be possible at all of them.. The feasibility and appropriateness of off-site parking is a factor to
consider.
Page
11
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011
6:30 o'clock p.m.
(#11-3500 CITY OF ORONO,AMEND CITY CODE SECTION 78-666, CONTINUED)
Only one of Orono's give marinas currently has a boat club CUP. That is the Sailors World operation at
1955 Shoreline Drive. Staff is aware of one additional boat club operator who plans to open at the Marine
Max site in 2011. Under the current code,that operator,in conjunction with the owner of the property,
needs to apply for and obtain a boat club CUP in order to operate this year.
The Planning Commission should consider the following issues:
1. Does the City need to have a minimum numerical parking standard for a boat club use;
2. If so,how should that standard be established and what factors should enter into the standards;
3. What specific conditions should be written into a CUP approval resolution in order that the �
Approval can be flexible for a boat club operator while providing the City with a means to
Revisit a CUP if parking becomes an issue;
4. Is the use of off-site parking a practice that should be allowed generally for ancillary marina
Uses such as boat clubs, or is it to be avoided;
5. Are there non-parking factors that would make a boat club CUP inappropriate for a given site?
Staff believes that the CUP is an appropriate method to regulate boat clubs rather than licensing,but
issuance of the CUP must include provisions/conditions that allow a reaction to changing factors.
Kang asked how the 25 parking spaces for Sailors World were arrived at.
Gaffron indicated he is unsure how that number was determined and that there is nothing in the record
that reflects that.
Leskinen asked how the existing CUP for Sailor's World would be impacted if any changes are made to
the parking requirements.
Gaffron stated there is one existing CUP issued to Sailors World and that the City has not received any
complaints from the adjoining properiy owners regarding parking. Gaffron indicated he would need to
speak to the City Attorney to determine the impacts the new amendment would have on the existing CUP.
Chair Kang opened the public hearing at 8:02 p.m.
Mike Sayler, Sailors World, stated he would like to give an overview of how their boat club operates.
Sailors World has been in existence since the early 1990s. In the 1990s,they had approximately 50 to 55
members and in the mid 1990s their membership grew to around 100 members. They have not
experienced any problems with parking over the years. The Crystal Bay Postal Of�ce is also available for
parking on the weekends.
Sayler indicated they have a power club and a sail club. Sailors World owns three power boats and one
pontoon. Seven members are assigned to one boat,which is a 7:1 ratio. Generally a member pays a fee
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22, 2011
6:30 o'clock p.m.
(#11-3500 CITY OF ORONO,AMEND CITY CODE SECTION 78-666, CONTINUED)
for the summer,which entitles him to 15 boat reservations and he can have two reservations on the books
at any one time. On the weekdays,the boats were typically not used, which has led them to create a
weekday membership rate. They have had only three members take advantage of that. On the weekends,
the members are allowed to use the boats starting at 9 a.m. to 2 p.m. and then from 3 p.m. on.
Sailors World has never experienced any problems with parking with the possible exception of the 4`�'of
July weekend. On the 4th of July, each slip member and boat member are given a parlcing pernut. If they
do not have a parking permit,they are asked to park somewhere else. Sailors World has not found a need
to regulate parking at all since they first started the boat club. In the past five years,they have had
approximately 29 members. As a result of the lower membership,they do not experience any issues with
the parking.
Sayler submitted a letter from the adjacent neighbor indicating that he has not had a problem with the
parking. Sayler stated he has spoken with the other neighbors and they have indicated they are willing to
write a letter if necessary stating they have not experienced any problems with parking. On busy
weekends, if extra parking is required, a couple of the neighbors allow the employees to park in their
driveways.
Kang asked how many parking spaces are available at Sailors World.
Sayler indicated they have a total of 43 parking spaces and that typically less than half of their
membership uses their boats on a normal weekend.
Thiesse asked how the ordinance would affect Sailors World.
Sayler commented in his view it would have a detrimental impact on their business since people do not
want to have to park further away and then be shuttled.
Thiesse stated the concern of the City is that the use goes with the property and that the parking has to be
fair for everyone.
Sayler stated in practicality no one would ever fill their marina with boat club boats.
Thiesse commented nowadays people do not want the hassle of owning their own boat and that in his
view boat clubs is a good idea.
Sayler pointed out that there are a limited number of boat slips on Lake Minnetonka and that it would not
be practical to convert all the marinas into boat clubs.
Schoenzeit asked whether there is any parking of trucks and trailers.
Sayler indicated they typically do not have anyone parking their truck and trailer in their parking lot.
Luke Kujawa,Your Boat Club, stated he has had a number of discussions with Mike Gaffron regarding
the ordinance. Currently a CUP is required. Boat clubs are solving a number of issues that are facing
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011
6:30 o'clock p.m.
(#11-3500 CITY OF ORONO,AMEND CITY CODE SECTION 78-666, CONTINUED)
marinas and the public by granting public access to the lake. Boat clubs also allow more families to
utilize boats periodically without the need to maintain and haul them. Kujawa stated the definition of a
boat club is an ambiguous term currently and that insurance companies as well as banks consider it boat
rentals. More and more families are sharing ownership of a boat.
Kujawa stated he understands the City needs to deal with parking,but that for the average person,boating
is getting to be unaffordable and that boat clubs addresses that need. Parking has not been in issue in the
past. Kujawa commented it would make sense to include the boat clubs as an accessory use and that the
City could require an annual review of the parking.
If the Planning Commission makes a recommendation to put a numerical number on the parking,it should
apply only to the charter boat services since they will have 100 people showing up around the same time
and that it makes sense to have a number of parking spaces designated for that. Having the number based
on the maximum gross capacity of the boat does not make sense since most boats are not filled to
capacity.
Kujawa stated as far as parking itself, the current system works well. Kujawa noted he would never have
a 30-foot cruiser in his boat fleet that would accommodate 20 to 30 people and that he currently has
fishing boats, ski boats, and pontoons. They seldom have all their boats out at the same time and that they
have an hour and a half turnover time between the morning usage time and the afternoon usage time.
Feuss asked whether any of the five boat clubs that he operates are located in Orono.
Kujawa indicated they started one last year at the marina on Shoreline Drive.
Gaffron noted they were not allowed to operate a boat club at that location this past year and that they will
be meeting tomorrow to discuss a permit.
Schoenzeit asked if they are subletting from a commercial marina.
Kujawa indicated they are and that boat clubs help marinas take advantage of their downtime.
Leskinen asked whether they have parking restrictions at any of their other facilities.
Kujawa indicated they do not.
Thiesse asked if they offer shuttle services.
Kujawa stated they do not and that people generally are not interested in it and would prefer onsite
parking.
Schoenzeit noted Mr.Kujawa's boat club only has six slips and asked how the boat club is staffed.
Kujawa indicated they are staffed pretty much full time every day. Kujawa stated the marinas view boat
clubs as a positive and that they sometimes assist the marinas with their boats.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011
6:30 o'clock p.m.
(#11-3500 CITY OF ORONO,AMEND CITY CODE SECTION 78-666, CONTINUED)
Todd Nelson,Wayzata Boat Works, stated most people do not use their boats during the week and that
the busiest time is 4`�'of July. They do not have a problem with parking. Boating has become out of
reach for a number of families and boat clubs allow those families to have access to the lake. Parking has
never been an issue and boat clubs will not make it an issue. People schedule times that they want to use
the boats and there is a limited number of boats.
Mike Hilbelink, Sailors World, stated he has a concern with the direction the ordinance could go and how
it could negatively impact the overall value of the marinas. Marinas provide a great service and access to
the lake. The parking requirements appear to be arbitrary and that he would suggest the City speak with
the adjoining property owners to see whether parking has ever been a problem. The marinas need parking
for the people who own boats and that parking is a site specific issue for each particular marina.
Hilbelink noted the 25 parking spots have not been contracted for by Sailors World for the last 12 years
and he would like to see that eliminated from their conditional use permit. It appears the City is
attempting to put restrictions on the marinas for what appears to be a possible problem one day of the
year,which is 4°i of July.
Dave Briggs,Wayzata Marina and Maxwell Bay Properties, stated over the last five years ownership of
three marinas has changed. Going back 15 to 20 years,there were a number of issues that the City had
with marinas,but in the last few years those problems have not surfaced. Technically boat clubs and
rentals use parking more than other uses but that certain marinas do have higher usages. Briggs stated in
his view there should be some rules regulating parking. They currently have boat sales,marina, and
service,but if another boat club moved into Orono,there would be parking issues. Briggs encouraged the
Planning Commission to give some thought to the future parking needs.
Chair Kang closed the public hearing at 8:37 p.m.
Kang stated determining the parking needs in relation to the number of slips has been dif�cult and that
she would like to avoid a highly regulated situation but that there needs to be some guidelines. Kang
stated she personally would like some additional time to consider the ordinance.
Feuss commented she does not see any facts to support the need for this code amendment and that there
does not appear to be a clearly defined objective that the City is attempting to resolve. Feuss stated she is
uncomfortable with creating additional regulation without understanding the facts better and that she
would like to make sure that the City defines that goal as clearly as possible.
Feuss noted boat clubs are not adequately defined, and if the City is looking at concerns with parking
issues,the City should also look at rental boats,multiple owners, definition of a boat club, and other uses
that would impact parking besides boat clubs. Feuss stated she is not comfortable making a
recommendation at this time.
Thiesse indicated he is in agreement with Commissioners Kang and Feuss. Parking is an arbitrary thing
and that the City should look at the future parking needs for the marinas. Thiesse pointed out that a
conditional use permit goes with the property and that appropriate care needs to be taken prior to the
approval of any CUP.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011
6:30 o'clock p.m.
(#11-3500 CITY OF ORONO,AMEND CITY CODE SECTION 78-666, CONTINUED)
Thiesse commented he was not aware there was downtime between the morning and afternoon usage,
which does help alleviate some of the parking issues. Thiesse stated he would prefer Staff put together a
conditional use permit that outlines the operation of each individual business and then require an annual
review.
Schoenzeit stated the ratio for the boat club does not appear excessive. Schoenzeit recommended the City
continue to have an annual review process regardless of what route they chooses to take.
Schoenzeit commented that they have heard a lot of, it's not broken, don't fix it,but that in his view.
further discussion of the parking issue is appropriate. Schoenzeit stated he appreciates the input of the
boat club owners.
Leskinen commented the input of the boat club owners has been valuable and that she is in agreement
with the other commissioners that there does not seem to be a clearly defined problem that needs to be
fixed.
Kang commented it appears that the Planning Commission and Staff needs to think about future parking
issues that could arise and to clearly define those.
Kang moved,Feuss seconded,to table Application#11-3500, City of Orono,Amend City Code
Section 78-666,Boat Club Conditional use Permit. VOTE: Ayes 5,Nays 0.
Gaffron asked whether the Planning Commission would like any specific additional information
provided.
Feuss stated she would like to see a clearly defined goal that the City would like to achieve and have Staff
outline the options the City could take to achieve that goal.
Kang indicated she would like to have the definition of boat clubs better defined and the pros and cons of
accessory uses outlined.
Schoenzeit noted the City already has some control over the parking with the annual review and that they
could require the marinas and/or boat clubs at that time to take some steps to resolve a parking problem if
one occurs.
Kang stated perhaps one solution would be to have the marinas provide a parking plan for the entire year
or for the 4`�'of July.
Feuss stated she would like to see the problem that they are attempting to fix be more clearly defined.
Gaffron noted the City does have an annual licensing process,which has not been followed thoroughly in
the past but could be reviewed by Staff to see whether that would be a viable option.
Leskinen asked whether there is a way to deal with this within the conditional use permit process if the
permit process is not a good option.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011
6:30 o'clock p.m.
(#11-3500 CITY OF ORONO,AMEND CITY CODE SECTION 78-666, CONTINUED)
Gaffron noted the City currently licenses garbage haulers and a few other businesses,but does not utilize
that process very often. Gaffron stated approximately 30 years ago there were a number of issues with
the marinas,but that over the past 10 years or so they have not encountered many problems. Gaffron
indicated Staff is attempting to look at issues that may arise in the future and how to deal with those.
Gaffron noted there will be an application coming before the Planning Commission in the near future for
the.Brown's Bay site. At this point it will be processed as a conditional use permit route and the Planning
Commission has the option of placing different conditions on the use.
PLANIVING COMMMISSION COMMENTS
4. REPORT OF PLANNING COMIVIISSION REPRESENTATIVES ATTENDING CITY
COUNCIL MEETINGS ON JANUARY 24,2011,AND FEBRUARY 14,2011
Thiesse reported on the January 24�'meeting. The City Council dealt mainly with issues relating to the
Crystal Bay Road project,particularly as it relates to the median and the landscaping. The Council
decided that the landscaping isn't for aesthetic purposes and that it is designed to deter pedestrian traffic.
The School District will perform maintenance on the landscaping.
Schoenzeit asked if the roundabouts are good for queuing.
Thiesse noted there will not be left turns allowed.
Gaffron stated the engineers have done a number of different modeling scenarios and that they will also
do some queuing scenarios as part of their studies. The city engineers are working closely with the school
on the road design and the school has been very supportive of the proposed design.
(Feuss leaves the meeting at 8:55 p.m.)
Thiesse noted that Ralph Kempf encouraged the City Council to focus some attention on the Navarre
area. The Gillespie Center also provided a presentation at the January 24th meeting.
Kang stated at the February 14°i meeting, a representative from the cable commission spoke to the council
about televising their meetings.
Gaffron noted the sound system cabling is scheduled to be done this Thursday.
Kang noted the Orono meetings will be televised on Friday evenings at 7 p.m. Kang indicated Ralph
Kempf also spoke at the meeting on the 14`�'about the Navarre area and the need to provide an additional
trail connection between the business district and the Dakota Trail.
Gaffron stated he is waiting for the City Council to establish their goals for the future and that it is likely
the Navarre area will be revisited.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011
6:30 o'clock p.m.
5. OTHER ISSUES FOR DISCUSSION
None
6. SELECTION OF REPRESENTATIVES TO ATTEND CITY COUNCIL MEETINGS ON
FEBRUARY 28,2011,AND MARCH 14,2011
February 28,2011 -Schoenzeit
March 14,2011 -Leskinen
ADJOURNMENT
Leskinen moved,Schoenzeit seconded,to adjourn the Orono Planning Commission meeting at 9:03
p.m. VOTE: Ayes 4,Nays 0.
/ •
f` / � .
Denise Leskinen, Co-Chair
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