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HomeMy Public PortalAbout09-13-2005PLANNING COMMISSION MINUTES — SEPTEMBER 13, 2005 PRESENT: TOM CROSBY, MARILYN FORTIN, DICK PICARD, LENNY LEVER, MARY VERBICK, TOM SUPEL AND DOUG DICKERSON. ALSO PRESENT CITY PLANNER ROSE LORSUNG AND PLANNING AND ZONING ASSISTANT SANDIE LARSON. COUNCILOR ELIZABETH WEIR WAS PRESENT REPRESENTING THE CITY COUNCIL. ABSENT: NONE 1. CALL TO ORDER Chairperson called the meeting to order at 7:04 p.m. 2. PUBLIC FORUM There were no comments. 3. ROBERT HOPPER — 2455 COUNTY ROAD 24 — SETBACK VARIANCE REQUEST — CONTINUED FROM 8-9-05 MOVED BY TOM CROSBY AND SECONDED BY MARY VERBICK TO TABLE THE HOPPER REQUEST PER APPLICANT'S REQUEST. MOTION CARRIED. 4. MIKE LEUER — PARKVIEW DRIVE -SCHOOL LAKE — SUBDIVISION OF 51 ACRES TO 3 LOTS — PRLIMINARY PLAT- PUBLIC HEARING TABLED FROM AUGUST Tom Crosby stated that he has worked with Mr. Petrucci for many years and also on this project, so he stepped down for the discussion and vote. Rose Lorsung stated that the public hearing was postponed to sort out confusion in our soils ordinance, which was no change from the past, just a clean-up of the ordinance. She stated that at the 09-06-05 City Council meeting the Council authorized staff to prepare the ordinance for adoption at the 10-4-05 meeting. R. Lorsung stated that after finalizing the procedure for calculating contiguous suitable soils and also after the City wetland engineer field verified the wetlands on -site, the application has essentially not changed a great deal. She said this site is a large raw parcel overlooking School Lake. The parcel actually extends to the middle of the lake. The three proposed lots are Lot 1, 13.91 acres; Lot 2, 15.63 acres and Lot 3, 21.71 acres and all meet the ordinance for contiguous suitable soils. Rose stated that Lots 1 & 2 could not meet the 150' setback for animal structures. R. Lorsung went over the topography of the site. She stated the parcel near the front is relatively flat and as you travel toward the lake the slope drops off with a nice high point overlooking the lake. The proposed lots are all narrow and all have the same high point where the plat is showing all three potential new home sites. Rose stated at the bottom of the steep slope of Lot 2 there is a small woodlot that is currently acting as a natural buffer for other resident's of the lake. The City would recommend preserving as much of the natural buffer as possible. Rose said that Planning Commission Minutes September 13,2005 1 several property owners around the lake perimeter have contacted the planning department about the new homes and the protection of their view of the lake. R. Lorsung said that the proposed curb cuts have been reviewed by the City's public works director Jim Dillman and also by Hennepin County Public Works. The City's wetland engineer will have to approve the driveway for Lot 1. Rose stated that the county has taken 40' of ROW for this project instead of the initial50' of ROW. R. Lorsung stated that the City's comp. plan does not show a proposed county trail on the east side of Co. Rd. 201, however, there is an existing horse trail that circles the perimeter of School Lake and the City would suggest that the cooperative agreement between all property owners around the lake continue for those who utilize the trail and that this continue to be a private matter. Rose also stated that the conservation easement will need to be reviewed by the watershed. R. Lorsung said staff recommends approving the preliminary plat as the subdivision meets all the ordinance criteria at this time even though it might not be the best design. Some conditions are the following: 1. Recognize that Lots 1 and Lot 2 cannot sustain an animal structure due to setbacks. 2. Drainage and utility easements required over all flood plains, wetlands, waterways an ponding areas. 3. Relocate the septic on Lot 1 to a more suitable place away from the lake. 4. Protect the natural buffer along the lake and the view of other residents. 5. The maximum lot area covered by hard surfaces cannot exceed 25%. 6. Encourage the continued use of the existing horse trail around the lake. 7. Approve the driveway location on Lot 1. 8. Permits required from the City and County for driveway. 9. Soil borings required for all septic locations and area must be protected during construction. 10. Park dedication fees are due at time of building permit issuance. 11. All other fees associated with the application are due upon city council approval. Mark Gronberg, Gronberg & Associates, representing the applicant, said the proposed home sites are centered on the lots, but owners might not build there. He stated that they have met with Hennepin County and he was here to answer any questions the planning commission may have. He also said the septic sites have been sited, but that they may move some. R. Lorsung put up the proposal. Tom Supel wanted to clarify that they were only hearing and voting on the subdivision and not the location of the homes. Rose said yes, that was correct. Gary Petrucci said the conservation is forever and it stated that you cannot mow within 50' of the wetland nor cut trees within 50' of the wetland. Charles Nolan, 2935 Willowood Farm Road, said he is on the east side of School Lake and he opposed this application because of the unique character of the site. He said the subdivision is not consistent with the goals of Medina; it doesn't meet the most important standard — to preserve the rural character of Medina. He said the proposal is clearly suburban in nature and not Planning Commission Minutes September 13,2005 2 rural. Mr. Nolan said the application does not meet the test of `rural' character and the Planning Commission is to review this with the comprehensive plan. He said you can meet the literal criteria, but not the intent. He said because it meets the objective standards does not mean it meets all the standards. He showed pictures of the area and said the area and lake should be respected. Glen Jeffrey, 2605 Willow Drive, said he seconds everything that Mr. Nolan has said. He said we all moved here because of the rural atmosphere. The City Council has run on this and the planning commission is here to preserve it. He said he always knew it wouldn't stay the same forever, but hopedl, maybe 2 would build on the applicant's property. Mr. Jeffrey said the planning commission exists to think of the spirit and intent of the comprehensive plan. He said what is decided will set a precedent for the future. Wally Marx, 2700 Parkview Drive, said that Lot 1 is only 230' wide. The houses that are there now fit the lake. He said Mr. Tiller's house is large, but it sits back and is landscaped so it isn't in your face'. M. Gronberg said when we did Willowood Farm, it was more dense that what is proposed here. Mike Leuer, 1522 Medina Road, said he was involved in the Tuckborough subdivision and the lots are 240-250'and are all very nice. He said he appreciates what is being said, but we are acting within the ordinance. He said he understands what the residents are saying to address all resident and property owner concerns. He said he is one of those residents and the ordinance is being met. Doug Dickerson questioned the narrow lots. He then asked Mr. Petrucci how long he had lived in Medina. G. Petrucci said 30 years. He said when there is a large piece of land, people start to think it is theirs. He said they do not realize that I did the conservation easement. He said anyone could have bought the property and Mike Leuer did. T. Supel asked Rose to clarify #5, 25% of what. R. Lorsung said the Shoreland Ordinance does not say, but assumes it is of the buildable area. M. Gronberg said from the ordinance it is the high water level. R. Lorsung said that is a good point, from the high water level west to Parkview. T. Supel said with the arguments that have been made, we have to think about it and what precedent we are setting if we override the subjective part of the ordinance. He said the precedent is not just what we do today, but what we have done in the past. He said there have been many developments before us with essentially the same arguments. Many people felt we went away from `rural' when roads were paved. The point is, he said he was not willing to look at this as an isolated event; we have to look at how the city has grown. Mary Verbick asked Rose if there were any legal implications for the City if they meet requirements, is there a legal way we can say they can't do it. Planning Commission Minutes September 13,2005 3 R. Lorsung said correct, if all requirements are met, and they have done a lot of work. She said the City could change the minimum lot width, depth and setbacks, etc to address `rural', but currently they are the way they are. M. Verbick said it occurs to her that the lot is unique in that the entire lot is already longer than it is wide and 1/2 is under water. R. Lorsung said she has seen lots sold differently than divided. M. Verbick asked is there were any concerns with the watershed or DNR with 3 homes and 3 septic systems. R. Lorsung said the watershed has not formally commented, but has worked with the former owner on the conservation easement. M. Verbick asked is it was possible to recommend to require landscaping, to make the new homes fit in better with the homes that are around the lake. R. Lorsung said the City does not have a tree preservation ordinance and there are not a lot of trees in clumps on these lots. She said we could require some landscaping. M. Verbick asked about the height of the houses. R. Lorsung said we do have a height ordinance. M. Verbick said once we have created long narrow lots, can homeowners seek variances because of the skinny lots? R. Lorsung said if there is a condition on setbacks, etc. it would go with the subdivision. There was discussion of the buffer zone, what can be done, etc. M. Verbick said she agrees with Tom Supel, that this is not an isolated event. She said the City is moving from a `rural farm' community to more of a `rural residential' with large homes. We have to make careful consideration of what we do. Lenny Leuer asked about the driveway on Lot 1. R. Lorsung said the county has commented. M. Gronberg said they have met with Dave Zetterstrom from the county and he has said if they keep the driveway to the north it would be o.k. L. Leuer said he thought subdivisions were supposed to have one access and here we have two. R. Lorsung said we try to keep it to one. L. Leuer asked Loren Kohnen what he thought. Planning Commission Minutes September 13,2005 4 Loren Kohnen said when it is on a county road, the county makes the decision. R. Lorsung said the city will require a private road agreement for Lots 2 & 3 and there will be numerous other conditions for the final plat. L. Leuer asked Mike Leuer about horse trails. He said the conservation easement does not include horse trails. M. Leuer said he would honor it, but new homeowners might not and they should have the choice. L. Leuer asked if he would consider putting it in the covenants M. Leuer said he would consider it. G. Petrucci said if it is in the covenants it should be for Medina residents only. R. Lorsung said there is no public access to the trails or the lake. There was further discussion about the horse trail. M. Leuer asked if the other land owners would sign a covenant for trail and if so, I would also. W. Marx said the horse trail would be right on the ridge for Lot 3 and that would prohibit a walkout home for that lot. Marilyn Fortin asked if we had an overlay showing the conservation easement. R. Lorsung said when it is a private transaction; the City stays out of it. M. Fortin asked if the trees were protected in the easement. R. Lorsung said the owner needs a permit from the watershed district. There was further discussion of `gentlemen's `agreement for the horse trail M. Fortin said she was happy with the conservation easement and asked if we had any control over placement of the wells and Rose said no. Dick Picard asked how big the lake was and if there was a public access. C. Nolan said 100 acres and no, there was not a public access. D. Picard said he was concerned with the trail and also what the conservation would allow; docks, etc. He thanked Mr. Nolan and Mr. Jeffrey for their presentations. He said `rural' was in the eye of the beholder. The public hearing was closed. Planning Commission Minutes September 13,2005 5 T. Supel said to Mr. Leuer, he hopes it is clear that whoever builds, the planning commission would take very seriously any variance request. M. Verbick said she hopes that every consideration is given to the environmental impact, hardcover, placement of septic, well, etc. MOVED BY TOM SUPEL AND SECONDED BY LENNY LEUER TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT FOR MIKE LEUER WITH CONDITIONS AS STATED IN PLANNER'S REPORT. MOTION PASSED WITH DOUG DICKERSON VOTING NAY. Doug Dickerson said he took a pledge to protect the life style in Medina. He said he thinks it is a mistake to divide this into 3 parcels and we need to protect the surrounding area. He said he does not think this is what we want. 5. ACE PROPERTIES — 5065 COUNTY ROAD 101— PUD GENERAL PLAN, RE- ZONING AND PLAT FOR RETAIL BUILDING — PUBLIC HEARING CONTINUED FROM PREVIOUS MEETING. Rose Lorsung went over her report and showed the site and the proposal. She stated that the applicant had been before the Planning Commission at the February 22nd meeting and the City asked them to withdraw their application for this development to allow for time to plan the realignment of Clydesdale Trail. Many meetings were held There have been many meetings in a planning effort to design the new Clydesdale Trail which included Hennepin County, Holiday, Valvoline, Ace Properties, Ryan Companies and City staff The new design was preliminarily approved by City engineers and Hennepin County in May and has been discussed by the City Council along with financing for the new road. R. Lorsung said that Ace Properties had been directed by staff to submit a concept plan that included and incorporated the new road plan. That concept plan was discussed at the Planning Commission meeting on June 14th and then at the City Council meeting on June 21 st R. Lorsung gave an overview of this submittal. The preliminary plat is for the dedication of the ROW portion of the property to the City for the realignment of Clydesdale Trail and a City trail; the rezoning request is to PUD-UC; the PUD general plan is being reviewed under the PUD ordinance with the current underlying zoning district Urban Commercial as the principal guide. Rose said that upon approval of the PUD, the existing CUP for the property that is no longer valid should be withdrawn R. Lorsung said that the applicant has been working with Ryan Companies on cooperative agreements for items such as parking, access, etc. She also went over Urban Commercial standards vs. the applicants PUD request noting that some were met and others were not. R. Lorsung said staff recommends approval of the application but has concerns about the following: • Parking and how it is calculated for the drive-thru tenant and where the stalls are located on the front side of the lot along the new ROW area. Planning Commission Minutes September 13,2005 6 " Trash enclosure not attached to the building. " Luminaries along the ROW conflicting with ROW traffic, too bright for lot line per code. " Overall traffic operation of the site, drive thru aisle not delineated from the drive aisle, parking on front and rear conflicting with traffic movement and backups if parking stalls stay as they are. Overflow may be forced to go to non -designated Ace parking on the Ryan site. " Sign amount, type and location. " Calculating landscaping and replacement ratio is nearly impossible for this project. Staff has received preliminary approvals from the county for ponding on County ROW with this project. R. Lorsung did say this application is for the PUD General plan and the applicant will be back with the PUD final plan. Tom Crosby asked what some probable tenants would be. Larry Palm, Ace Properties, said it would be retail type use. T. Crosby said this is a wonderfully complex project and will be viewed as 1 plan (Target, Holiday, this project). He said all must work together. He said the positive is that this works with the Ryan project and the negative, once we decide is there enough protection that 10 years from now the concept cannot be eroded. R. Lorsung said when a developer asks for a PUD, the City can say whatever it wants to say, on uses, etc. Rose said the proposed building will be west facing and the existing building to the north is east facing. She said the back of the west facing building will need to be `dressed up' and also the east facing wall of the existing building. T. Crosby asked if this would go to the council before it comes back to us for the final plan. R. Lorsung said this will go to the council on 10-4 for approvals of what is before us tonight and then at the final stage the planning commission will see all the final designs. Mary Verbick said that in Plymouth some of the huge parking areas by Cub, by Target are never full. She said she can't imagine that this will ever be full (the Target site next to this application). Mary also said in her understanding we can't say that you can't have an `adult bookstore'. It was explained that in our ordinance it says where adult establishments can be and the controls are very strict. T. Crosby asked Liz Weir what the City Council was asking of the Planning Commission. Elizabeth Weir said a more sophisticated concept review. She also said she did not think parking was an issue. R. Lorsung said shared parking is encouraged. T. Crosby said the eastern elevation is a concern and also safety elements of Clydesdale Trail. Planning Commission Minutes September 13,2005 7 R. Lorsung said the road has been designed by engineers from the state, county, developer and City. She said there are many positives with the re -alignment of Clydesdale and the improvements to 101. L. Palm said the County has talked to them and would allow us a cut to Phase II, but we do not think we will do that. Chris Sundin, 1525 Hackamore Road, asked about the west end of Clydesdale at 116. R. Lorsung said we are not discussing that tonight. M. Verbick said her concern is for those residents who live across the street (101). She said maybe windows, etc. to dress up the back of the proposed building. There was discussion of lighting, etc. for the nearby residents. Rose said the parking lot lights might need some tweaking. She said the lighting, trash enclosure, building materials, etc. will be worked out in the fmal PUD. Tom Supel said he has little confidence in whatever we approve as having long term consequences. There was discussion of long term plans with the City & Ace Properties. E. Weir said we have a very cooperative applicant and this is a safe, good, functional plan. L. Palm said the net result works very well for us (the re -alignment of Clydesdale). T. Supel said he is not concerned with the traffic pattern. L. Palm said the SW access is good. We have one access issue, but the City nor us have anything to say about it. He did say they have a big issue with the right in -right out for Phase I. Lenny Leuer asked about the drainage and run-off and is it being worked out with Ryan. L. Palm said yes. R. Lorsung said all the run-off from Phase II, Clydesdale, etc. will be routed to the Ryan projects northerly pond. E. Weir said this helps the function of the north pond. L. Leuer mentioned the engineer's comments. R. Lorsung said that Loren Kohnen has responded with the fire issues, the watershed, etc. will or has responded. She said there are a lot of legal issues to be worked out and tonight we are looking for a broad review. There was discussion of the trail. There was also discussion of dirt balance and where the excess dirt will go. Planning Commission Minutes September 13,2005 8 Doug Dickerson asked Tom Crosby and Rose if it would be prudent to have a consultant to look at and see how Ryan and this proposal can be worked together. T. Crosby said our engineers have studied this. R. Lorsung said the final PUD agreement is the nuts and bolts. T. Crosby said if we are only dealing with Ace Phase II, there are not too many moving parts and this application makes a lot of sense sine the 1st concept plan we saw. M. Verbick said it appears staff, owner and Ryan have worked extensively on this. Marilyn Fortin said she agrees with Mary. Dick Picard said he has some concerns with Loren's comments and the engineer's comments. L. Palm said he is meeting with staff on Friday and we can clarify some of the concerns. D. Picard said there are a lot of `ifs' in the staff memo., R. Lorsung said lot of the `ifs' are procedural. She said a lot of the parts have become a joint effort. She said cooperative agreements are encouraged. Rose said things are general at this time and will move forward with final plans for the final PUD. T. Crosby said he understands that all of the `ifs' will be eliminated when this comes back to us for the final PUD. MOVED BY TOM CROSBY AND SECONDED BY MARY VERBICK TO RECOMMEND APPROVAL OF THE PUD GENERAL PLAN AND THE REZONING TO PUD-UC. MOTION PASSED. MOVED BY MARY VERBICK AND SECONDED BY MARILYN FORTIN TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT FOR ACE PROPERTIES PHASE II. MOTION PASSED. 6. WETLAND ORDINANCE — PUBLIC HEARING Rose Lorsung said the draft wetland ordinance was before you. She said Jim Dillman has long been an advocate for wetland protection. She said we currently have different ordinances in different districts. Rose said this needs to be a two part public hearing with this continued to the 10-11 meeting. She said tonight staff is looking for comments from the public and general comments from the planning commission. Rose said the ordinance can be very Medina specific. R. Lorsung said that the City has lots of wetlands and bodies of water. She went over some of the points in the draft ordinance. Marilyn Fortin asked what it was the Planning Commission received tonight. Planning Commission Minutes September 13,2005 9 R. Lorsung said she received the comments today that are from the applicant's engineer with their position on the draft ordinance. Dick Picard asked why they received a map of the watershed districts. R. Lorsung said that each of the districts are a little different with their rules. She said the Minnehaha Creek district is the strictest and they already have buffer and setback requirements. She said that the City's ordinance would make the entire city the same. Tom Crosby asked if someone has property in the Minnehaha Creek district would they have to follow their (the watershed district) guidelines. R. Lorsung said yes. Doug Dickerson asked what the definition of a wetland is. R. Lorsung said the best way to describe it is to look at the maps in the comprehensive plan where the wetland classifications are outlined. Wayne Jacobson, natural resource scientist with Wenck Associates, said he has worked personally with buffer setbacks, buffer widths, etc. and has concluded that a 20' strip would provide water quality protection. He talked of tying in the buffer area to the type and quality of the wetland. T. Crosby asked how do you deal with existing landowners and how do they know what they have. You would need a sophisticated survey. W. Jacobson said in Scott County when you do a wetland delineation you need to run a MNRAM and it doesn't take a lot more time and/or expense than a regular survey. (MNRAM is a method of analysis of wetlands). R. Lorsung said that John Smyth plans on being at the council meeting. She also said she is very aware of what Mr. Jacobson is saying. Rose said these gentlemen are with a developer and this is not a developer driven ordinance, it is not meant to regulate but to protect wetlands and improve water quality. The City wants to take time with this ordinance and figure out what works and what effectively will work for the City. Mary Verbick said she commends staff for looking at this, water quality is very important. She said she sees this directly related to the dividing of lots. The wetland ordinance will give the City the ability to protect water quality. Todd Ullom, wetland scientist for MFRA, discussed his letter that was submitted to the Planning Commission. R. Lorsung said there is nothing in the RR zoning district that requires NURP ponds, etc. Karen Eide, 1555 Hackamore Road, said they have a scientist here that says a 25' setback would not interfere with water quality. She said it is unfair to property owners to have an ordinance without looking at individual parcels. Planning Commission Minutes September 13,2005 10 R. Lorsung said the Eide property is north of the Cudd development and they want to pursue an MR development on their 2 parcels. She pointed out on a map the property and what the proposed ordinance would require. She said the outcome needs to be for the protection of wetlands. K. Eide said we are the properties that are not developed. We shouldn't be more restricted on our property then the rest of the property on Lake Medina. There was more discussion on the proposed ordinance. Doug Dickerson said he is concerned on how different it will be when different people do the same delineation. Beth Peterson, 1295 Hackamore Rd, said she opposed restrictions that make it very difficult for development and it impacts us on our property. Chris Sundin, 1525 Hackamore Road, said this is feeling very unfair. D. Picard said this public hearing will be continued to the next Planning Commission meeting for staff to answer some of the questions. He said we are seeking to get uniformity in Medina. Tom Supel said he is surprised to hear so many talk of fairness when we are talking uniformity. He said he is not sure it is a good idea here; type and quality. He said we should get our hands around the scientific issues. Tom said he hopes our next discussion is not just more words; the next draft should lay it all out. He said to address the issues we need a presentation by a scientist to lay out the issues. When we have a scientific basis, then we can discuss this. R. Lorsung said she will make sure our wetland engineer, John Smyth, is at our next meeting. Lenny Leuer said he doesn't want to be the bad guy, but, #1 - this needs to be addressed by the agriculture areas. He said you cannot regulate `cropping'; and #2, wetland mitigation — what size puddle do we worry about. MOVED BY TOM CROSBY AND SECONDED BY MARY VERBICK TO TABLE THIS TO THE NEXT PLANNING COMMISSION MEETING. MOTION PASSED. 7. SIGN ORDINANCE AMENDMENTS — PUBLIC HEARING Rose Lorsung said she recommends we open the public hearing and then move to table. MOVED BY MARY VERBICK AND SECONDED BY TOM CROSBY TO TABLE THE SIGN ORDINANCE AMENDMENTS PUBLIC HEARING. MOTION PASSED 8. REPORT FROM CITY COUNCIL Elizabeth Weir gave a report from the last council meeting. She mentioned the Wild Meadows tour on September 24th at 6 p.m. Planning Commission Minutes September 13,2005 11 (Mary Verbick left the meeting) 9. MINUTES OF AUGUST 9, 2005 There were a number of grammatical corrections. MOVED BY LENNY LEUER AND SECONDED BY MARILYN FORTIN TO APPROVE THE MINUTES AS CORRECTED. MOTION PASSED. 10. PLANNER'S REPORT Rose Lorsung said the following was planned for the 9-20 council meeting; Leuer application, Ryan land use, soils ordinance and the landfill update. At the next Planning Commission meeting there is planned; Ace Properties — Maple Plain DQ site, Willow Drive subdivision, variance request, lot combination and signage to be discussed. MOVED BY DOUG DICKERSON AND SECONDED BY TOM CROSBY TO ADJOURN. MOTION PASSED. Meeting adjourned at 11:45 p.m. Planning and Zoning Assistant Date Planning Commission Minutes September 13,2005 12