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
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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
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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.
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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.
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September 13,2005
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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.
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September 13,2005
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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.
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September 13,2005
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" T r a s h e n c l o s u r e n o t a t t a c h e d t o t h e b u i l d i n g .
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