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HomeMy Public PortalAbout01-11-2011CITY OF MEDINA PLANNING COMMISSION Meeting Minutes Tuesday, January 11, 2011 1. Call to Order: Commissioner Charles Nolan called the meeting to order at 7:00 p.m. Present: Planning Commissioners Charles Nolan, Robin Reid, John Anderson, Kent Williams, Beth Nielsen, and Victoria Reid (arrived at 7:16 p.m.). Absent: Kathleen Martin Also Present: City Planner Dusty Finke and NAC Planning Consultant Nate Sparks. 2. Public Comments on items not on the agenda No public comments. 3. Update from City Council proceedings Council member Weir presented a report of recent activities and decisions by the City Council. 4. Planning Department Report Finke provided an update of upcoming Planning projects. 5. Approval of December 14, 2010 Planning Commission meeting minutes Motion by R. Reid, seconded by Nielsen, to approve the December 14, 2010 minutes with recommended changes. Motion carried unanimously. (Absent: Martin and V. Reid) 6. Public Hearing - Holy Name of Jesus Church (PID #24-118-23-14-0011 & 24- 118-23-14-0006) requests a Site Plan Review and Conditional Use Permit to expand their existing cemetery and construct a columbarium structure. Finke presented the application by explaining the City approved a previous CUP for an expansion in 2008 and 2009 for the cemetery. He said the applicant was proposing to revise their previously approved plans. Staff recommended rescinding the previous CUP approval and start over since the previous improvements were never completely followed through. Nielsen asked if the house at 52 County Road 24 was part of the previous review process since she noticed it had been removed. Finke explained the demolition of the home did not require approval by the Commission or Council. The removal of the home only required a building permit. 1 Finke reviewed with the Commission the existing and proposed cemetery layout. He provided the existing and proposed numbers related to grave site and explained the new area proposed to not only have grave sites but also a columbarium structure. He further explained staff recommended paving the internal roadway within the next two years and the use of the church parking lot for funeral parking rather than driving over to the cemetery. Williams asked if staff had concern with people utilizing the crosswalk on County Road 24. Finke stated a cross walk did exist. Nielsen asked if grass parking was an option. Finke said yes. Anderson asked how far of a walk would it be from the church to the cemetery. Finke explained the crosswalk was located on the west end of the church and cemetery and it was approximately a half mile round-trip. Finke said the Police Department recommended traffic control when larger events occurred. Finke reviewed the existing and proposed trees, landscaping and screening within the cemetery. He said the applicant proposed a variety of deciduous and coniferous trees. Williams asked if some of the existing pine trees were being removed. Finke confirmed they were being removed, but transplanted within the site in a better location. Finke explained the applicant would be required to install stormwater improvements consistent with SWPP requirements. Weir said she didn't see where the high water table was on the plans to determine the depth of the grave sites with the water table. Finke explained the high water table was at 995, which would impact the grave sites shown on the site plan below the 1001 contour. Nielsen asked if the new expansion area had a higher density than the existing area in the cemetery. Finke said 850 burial sites existed currently and a little less than 1200 new burial sites were being proposed. Nolan asked what information staff had across the region of appropriate density for cemeteries. Finke stated he did not have that type of information. but could provide at another meeting. He also noted the applicants architect was present and could possibly speak to that question. R. Reid asked if the City had a maximum number of burials sites within a cemetery. Finke said no. V. Reid asked if staff had heard from the property owner farthest to the east. Finke explained public hearing notices were sent out and staff had not heard anything from the property owner to the east, nearest the cemetery. 2 Nolan asked how staff determined the distance people would have to walk to get from the church to cemetery. Finke explained he measured it linearly. Dan Garry, applicant and Church Administrator resides at 2920 Brockton Lane, Plymouth. Garry explained the church parking lot currently is used for funerals and approximately 95% of the people attending the funeral stay at the church for lunch, while close family members go to the cemetery site for the burial. Garry said it was very infrequent that the cemetery had a large number of people wanting to drive their vehicles to park at the cemetery, but would be willing to pave the internal road if recommended as part of their application approval. Nolan asked where the cemetery was at with its capacity of existing grave sites. Garry said there were approximately a handful unsold. He said they typically have 20-30 burials per year with current death rates. He said they were hoping to provide options to those grieving with the new proposed layout. Nielsen asked if they would encourage filling up the existing cemetery area prior to going to the new section. Garry said they would encourage filling the existing area first, though he anticipated if they provided more alternatives within the cemetery, some people that have already purchased burial sites may choose cremation, which would free up additional burial sites within the existing cemetery area. Williams asked how many burials occurred each year to nonmembers. Garry said typically five and under. He said they didn't sell to nonmembers, but the nonmember burials were people that were members at one point. Bill Sanders, landscape architect for applicant, described the existing cemetery area and new design. He said the new area has a substantial amount of space not proposed to be used and feels it's very comparable. He said the niches are new. Nolan asked if the proposed grave site dimensions were standard. Sanders explained the areas between grave sites would be grass, since the site was small. Williams asked if there were standards for distance between grave sites. He said if the site was larger they probably would have another access aisle down the middle of the new section of graves. Sanders said 3'-1/2" x 10' or 4' x10' was standard. Nielsen asked the size of the proposed sites. Sanders said they were 3'-1/2" x 10.' Williams asked if he had designed cemeteries more dense than the proposed design. Sanders said Holy Name had greater setbacks/open space around the perimeter of the grave sites than most cemeteries. Nielsen asked if the grave sites were side by side. Sanders said yes. He further explained that grave sites in the past were closer together, since sites were typically sold in larger volume to families, but currently the trend is getting away from selling in blocks. Nolan said he was surprised the cemetery didn't have landscaping, other 3 than trees. Sanders said sometimes a cemetery holds out on filling all empty spaces so families can plant a tree in the cemetery as part of their memorial. Nielsen asked if the new area would have flush ground stones. Sanders said they would be flush to the ground. Weir asked about the water table. Sanders said they are working with the Engineers on design. Weir asked what would be done with the spoil from digging the graves. Garry said they would either grade it on the site or haul it off. He said they tend to import dirt rather than get rid of dirt. Weir said she just wanted to know what happened to the dirt after digging out a grave site and Garry said he could verify what happens. Sanders said they would continue to work with the Engineer on the water table and those grave sites impacted. Garry stated he felt the parking was sufficient. Nolan asked about the garage on the site and what they planned on doing with it. Garry said the garage was approximately eight years old and they would store the equipment they needed to maintain the cemetery. He added that they would need to modify the water and electricity to proposed area. Nolan asked about traffic control with larger events and how it would be handled. He said he would like to have more detail on what triggered a larger event. Finke explained traffic control would be handled from the police department or police reserves. He said a general requirement is not uncommon. Public Hearing was opened at 8:02 p.m. Public Hearing closed at 8:03 p.m. Density — Nielsen said she had concern with the proposed density. Finke asked for clarification on the density concern. Nolan said the grave sites were at grade, but he would like to see some vegetated relief. He said most of the nicer cemeteries had overstory trees. He said the issue of the water table is also a concern of his. He said he notices a lot of hardcover with no relief in the center. Nielsen agreed with Nolan. Anderson said the site was lovely and it would be nice to retain it as much as possible. R. Reid agreed with Nolan but would like to see some designated areas where there were more trees. Stormwater/wetland — R. Reid said she felt comfortable with it since the applicant was willing to work on issues. Nolan said over time nothing would be permanently waterproof. He asked Weir if the Council would prefer the Commission to deal with it prior to going to the Council. Weir asked Finke if the applicant could go to the Council meeting prepared. Weir said the applicant would need to resolve the issue 4 with location of grave sites and water table prior to going to the Council. Finke explained that would be possible. Nolan thinks the applicant should deal with the grave sites by moving them out of the water table area rather than looking at waterproof vaults. He said he was skeptical of anything other than moving the sites out of the water table. Nielsen asked if there was a requirement to notify future purchasers of grave sites within a water table. Garry said he wasn't aware of any. Condition #9 — The Commission agreed the roadway width should be 20 feet. Nielsen asked why the roadway should be signed one-way. Finke explained if the roadway was two-way and the width of the roadway reduced from 20' to 16', it could create confusion and traffic conflicts. Condition #14 - Williams would like to see parking expanded. V. Reid said she didn't feel additional parking was necessary. Nolan asked where the expansion of the western road was located. Finke explained and also added that language to the development agreement would better clarify requirements if the City deemed it necessary sometime in the future. Anderson asked why staff wanted to pave the road. Finke said gravel surfaces tend to run-off into the wetlands and then eventually would go into Holy Name Lake. He further added that even though the City does have some graveled roadways, generally paving is required throughout the City. Williams asked for clarification of proof -of -parking. Finke explained it's a method of identifying parking locations on the site without installing them. The exercise is to show that the required parking would be possible to install, but not required to be installed unless needed at a later date. It was recommended to modify language in second sentence by deleting "may" and replace with "retains the right to." Condition #16 - Landscaping and screening — Nolan said he would like to see a few grave sites pulled out to design more of a park -like setting in the center of the proposed area. Nielsen asked if benches were being proposed for the new area. Sanders said there would be benches installed around the columbarium. Garry asked if the Commission would consider a gathering space with benches rather than trees in the center. The Commission concluded they would like to see two to three additional trees placed in the center of the cemetery area. Condition #17 - The Commission recommended changing the condition to require all burial vaults to be out of the water table. Motion by R. Reid, seconded by Anderson, to recommend approval of the Conditional Use Permit and Site Plan Review with recommended changes. Motion carried unanimously. (Absent: Martin) Motion by Anderson, seconded by Nielsen, to rescind the previous CUP. Motion carried unanimously. (Absent: Martin) 5 7. Public Hearing — JJC Hamel LLC (PID #11-118-23-41-0001) at 805 Hamel Road requests a Preliminary Plat and a 10 foot Variance to the 60 foot right-of-way requirements of the Subdivision ordinance to subdivide the property from one lot into three. Sparks presented the application and explained the three lots met all minimum lot size and width requirements to subdivide. He explained the right-of-way was a sufficient width for Hamel Road, though a ten foot variance was being sought for reduction from the 60 foot requirement. He further reviewed the water, sewer, grading, drainage and rain garden for the lots. He also explained the modifications to the grading could impact the trees on -site and reviewed the recommended conditions. R. Reid asked for clarification of how the rules for granting variances had changed. Williams said the City could grant a variance if the property couldn't be put to use. Finke explained the application before them was a variance from the City's Subdivision ordinance, so the same standard didn't apply as it would for a variance to the zoning ordinance. Williams clarified with Finke that the reasonable use didn't apply. Finke explained it's a different standard for reasonableness and uniqueness. Williams asked what criteria the Commission had to follow to grant a variance under the Subdivision ordinance. Finke reviewed the criteria with the Commission. Nolan asked applicant Joe Cavanaugh if he had anything to add to the discussion and application request. Cavanaugh said he had nothing further to provide. Public Hearing was opened at 8:57 p.m. Karen Fobes, 845 Hamel Road, voiced concern with all the driveways and homes adding additional hardcover and increased density. Removal of the trees and how they currently screen was also a concern. She said they have issues with drainage and water sitting a portion of the year, and felt with the added hardcover, the areas would be wet even more months out of the year. Sally Proels, 865 Hamel Road, said she and her family had concern with the proposed additional homes, because she thought people would trespass. She said they would prefer to keep it the way it is now. Williams asked if she minded the additional homes. She said she did have concerns with the three homes, but didn't mind the one home as it is now. Nolan asked what she meant about trespassing. She said kids would encroach on their father's farm and take away from his privacy. Public Hearing closed at 9:02 p.m. Williams reviewed the subdivision criteria to grant a variance and had the following comments: (a) Williams didn't see a hardship 6 (b) Finke explained the right-of-way and roadway along Pinto was unique to the City and therefore was a hardship (c) A question of grading and drainage concerns was discussed. Sparks explained the applicant was revising the plans to make improvements. (d) Ok Finke said the strict interpretation was up against the density requirements of the Comprehensive Plan. Finke said it wasn't unique and it was a matter of sorting it through with the Commissions decision. Cavanaugh asked what a reasonable amount of right-of-way was needed. R. Reid asked if a Comprehensive Plan Amendment was required for every property, and asked if exceptions could be made. Sparks said findings would have to be written to not amend the Comprehensive Plan. He said in his opinion he did not see that a Comprehensive Plan Amendment was necessary and findings could be created. Finke explained to the Commission the Comprehensive Plan trumps the Zoning Ordinance. Grading and Drainage — R. Reid asked if the rain garden would resolve the drainage concerns. Anderson said he is extremely sensitive to the run-off in the area and staff would have to work really hard to convince him that substantial improvements were being made to resolve his concerns. Sparks explained the City Engineers comments. Nolan said he is a little troubled by not seeing a plan with more details relating to tree preservation and grading. He said he was troubled with reviewing the unresolved issues and then forwarding it to the Council. Sparks explained the applicant would have to resolve the issues prior to going to the Council. He can see there is a lot of risk if the grading and rain garden weren't properly engineered. Anderson agreed with Nolan's concerns. R. Reid asked if the Commission should be reviewing the design of the homes under the Preliminary Plat. Finke explained on small subdivisions, it is not expected or asked of an applicant. Cavanaugh said the engineer reports noted retaining most of the water run-off to be contained on -site. Nolan suggested tabling the application. Anderson said he would support the motion, but would like to be educated on the Variance request through the Subdivision Ordinance. Nolan asked if the applicant could provide a narrative explaining the reasons why the project meets the variance criteria. Cavanaugh said it was City staff that suggested the Variance, since the additional right-of-way wasn't needed. Williams said it is the applicant's burden, and they have to show how they meet the Variance criteria. 7 Weir said she would be interested to know if hardcover would be reduced if the two proposed driveways off Pinto Drive would instead share one driveway. Weir showed the applicant her rough design. Cavanaugh said Pinto Drive dead ended and the usage wouldn't get any more intense. He said staff is the one that suggested he apply for the Variance. Nolan suggested the applicant get someone to help him with creating a response as to why his property should be granted the Variance. Finke asked if the Commission was really concerned with granting the Variance, or if they had concern with the number of homes. He further explained that the property could be rezoned to an R2 zoning district, which would increase the density. V. Reid asked to see a zoning map and land use map to review the surrounding lots with the subject parcel. Finke provided maps to Commission and discussed subject parcel and surrounding parcels. Cavanaugh said his application allowed for greater separation than what could be allowed on the property. Williams said the property may meet the required Variance criteria, but he didn't see it. Nolan said he felt the property met the test for granting a variance, yet had concerns with the grading. R. Reid said she would prefer to only see two homes, but realizes the rules allow three homes. Anderson and Nielsen said they were undecided. The Commission requested the applicant provide a narrative explaining how the property meets the Variance test and provide more details on the grading, drainage, and tree preservation. Motion by Anderson, seconded by R. Reid, to table the Preliminary Plat and Variance application to a later date. Motion carried unanimously. (Absent: Martin) 8. Public Hearing — U.S. Home Corporation "Lennar" (PID #12-118-23-43-0002) requests a Rezoning from PUD2 to R2 for the northern portion of the Nolan/Holasek property. Nolan recused himself from the application since he was part of the land use application. Sparks presented the application and explained the reason for the applicant's request and how the application was required in order for the "Enclave" project to be able to continue to move forward. He said staff was in support of the lot split assuming the rezoning was approved. He further explained that staff wasn't suggesting the applicant pay park dedication at this time, knowing the property would be developed at a future date and could be collected at that time. It was being recommended that a ten foot roadway easement be obtained along Hunter Drive for upcoming road 8 improvements. He further informed the Commission that the City Engineer recommended additional easements which could be discussed. Sparks also made note of the legal description on the drawing provided by the applicant was incorrect and a revised plan would be required prior to their application going to the City Council. R. Reid asked the applicant if they would like to make a presentation on behalf of their application. Carole Toohey, Land Development Manager for Lennar Corporation, said they had no additional comments. V. Reid asked if it was mentioned that typical wetland buffer easements should be recommended. Sparks said that was a recommendation of the City Engineer at maximum, and the Planning staff said at minimum they were recommending drainage and utility easements along Hunter Drive for upcoming reconstruction of roadway. Sparks informed the Commission they had some discretion. He explained the other easements were conditioned upon development at further a date. Public Hearing was opened at 9:51 p.m. Public Hearing closed at 9:51 p.m. Finke explained it was well within the City's right to take all standard easements and over wetlands on both the northern piece and the southern piece. He said the easements could be taken and then would more than likely have to turn around and vacate them during time of development. Williams asked if the Park Commission should review the application now to determine deferring of Park Dedication. Finke stated they will take it under advisement. Anderson said the project does impact the Park Commission and it should be brought to their attention Weir asked in recommendation 2 — no development recommended at this time for either development. Sparks clarified that neither of the properties had zoning approval prior to the southern property having any development rights. Motion by V. Reid, seconded by Nielsen, to recommend approval of the Rezoning from PUD2 to R2 for the northern portion of the Nolan/Holasek property, and lot split with the easements needed along Hunter Drive. Motion carried unanimously. (Absent: Martin and Nolan) 9. Election of 2011 Planning Commission Chair Motion by Williams, seconded by Anderson, to recommend Nolan as 2011 Planning Commission Chair. Motion carried unanimously. (Absent: Martin) 9 10. Election of 2011 Planning Commission Vice Chair Motion by Williams, seconded by Nolan, to recommend R. Reid as 2011 Planning Commission Vice Chair. Motion carried unanimously. (Absent: Martin) 11. City Council Meeting Schedule January 18, 2011 - Anderson February 1, 2011 - Nolan / standby - Nielsen 12. Adjourn Motion by R. Reid, seconded by Nielsen, to adjourn the meeting at 10:03 p.m. Motion carried unanimously. (Absent: Martin) 10