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HomeMy Public PortalAbout08-11-2015 POSTED IN CITY HALL August 7, 2015 PLANNING COMMISSION AGENDA TUESDAY, AUGUST 11, 2015 7:00 P.M. CITY HALL (2052 County Road 24) 1. Call to Order 2. Public Comments on items not on the agenda 3. Update from City Council proceedings 4. Planning Department Report 5. Approval of July 14, 2015 Draft Planning Commission minutes. 6. Robert Buehler – Preliminary Plat and Variance to divide a single lot into a lot and an outlot. 7. Brian Etzel – 2942 Lakeshore Avenue – Variance from required 30 foot setback to expand deck. 8. Public Hearing - Ordinance Amendment to Chapter 8 of the City Code related to setbacks from upland wetland buffers. 9. Council Meeting Schedule 10. Adjourn Brian Etzel Page 1 of 4 August 11, 2015 Setback Variance Planning Commission Meeting MEMORANDUM TO: Planning Commission FROM: Debra Peterson, Planning Assistant DATE: August 6, 2015 MEETING: August 11, 2015 Planning Commission SUBJ: Brian Etzel - Setback Variance – 2942 Lakeshore Avenue Review Deadline Complete Application Received: July 8, 2015 Review Deadline: September 5, 2015 Overview of Request Brian Etzel requests a variance to reduce the required setback along Balsam from 30 feet to 12 feet for the construction of a deck that will tie in with an already existing deck along Balsam Street and Lakeshore Avenue. The deck dimensions are 10’ x 22’ and it would be attached to the existing 8’ x 12’ deck which faces Balsam Street and Lakeshore Avenue. The proposed deck would not extend any further towards Balsam Street than the already existing deck. The subject property and all surrounding properties are zoned UR, Urban Residential. The zoning district requires 9,000 square foot in size lots and the subject property is .16 acres or 7,167 square feet in area. The subject property does not meet current lot size standards or required setbacks, except it does meet the 30 foot setback along Lakeshore Avenue (front yard). The proposed deck does not increase any of these existing nonconformities. The variance request is for along Balsam Street (north property line) which is the direction the home faces. The minimum 30-foot side yard street setback makes it impossible to construct a deck to meet the setback along Balsam since the home is currently only set back 20 feet and the deck 12 feet from the Balsam property line. The proposed deck would meet the front yard setback along Lakeshore Avenue, the rear yard setback, and the interior side yard setback. Urban Residential Requirement Proposed Deck Min. Front Yard Setback (west) 30 feet 34’-5” feet Min. Rear Yard Setback (east) 30 feet N/A Min. Street Side Setback (north) 30 feet 12 feet Min. Side Yard Setback (south) 10 feet 12 feet Max. Hardcover 25% (shoreland) 57% (existing) NO INCREASE IN HARDCOVER WITH DECK AGENDA ITEM 7 Brian Etzel Page 2 of 4 August 11, 2015 Setback Variance Planning Commission Meeting Impervious Surface/Hardcover The maximum impervious surface in the shoreland overlay district is 25 percent. The subject property currently has 57 percent of its lot covered by hardsurface since it is a smaller lot. Staff recommends the applicant remove areas of hardsurface where possible. Staff recommends as a condition of approval that the applicant and staff meet on-site to determine where hardsurface can be removed prior to the issuance of a deck permit. Right-of-way The area between the Balsam street side property line to the edge of the street (right-of-way) is 26 feet. The current distance from the edge of the street along Balsam to the existing deck is 38 feet. The proposed deck would not bring it any closer. An aerial of the property is below: Brian Etzel Page 3 of 4 August 11, 2015 Setback Variance Planning Commission Meeting Lot Requirements: Required Existing Minimum Lot Size: 9,000 SF 7,167 SF Minimum Lot Width: 60 Feet 38 Feet Minimum Lot Depth: 100 Feet 138.78 Feet The existing lot width at the front property line along Lakeshore Avenue is 38 feet (west). The minimum width for the district is 60 feet. The lot width does gradually increase as it continues eastward and then ends with a width of 64.79 feet along the rear yard property line (east). The existing home is only 24 feet in depth which is rather conservative. Adding a deck to the home is not possible without a Variance. Visibility Visibility from Lakeshore Avenue (west) towards the home is limited since it is screened quite well by trees. Balsam Street also has many trees along the roadway, but the deck would be more visible since the driveway is along Balsam. The interior property line (south) is screened by a partial fence. Analysis According to Subd. 2 of Section 825.45 of the City Code, the City is required to consider the following criteria when reviewing a variance request: “Subd. 2. Criteria for Granting Variances. (a) A variance shall only be granted when it is in harmony with the general purposes and intent of the ordinance. (b) A variance shall only be granted when it is consistent with the comprehensive plan. (c) A variance may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. Economic considerations alone do not constitute a practical difficulty. In order for a practical difficult to be established, all of the following criteria shall be met: (1) The property owner proposes to use the property in a reasonable manner. In determining if the property owner proposes to use the property in a reasonable manner, the board shall consider, among other factors, whether the variance requested is the minimum variance which would alleviate the practical difficulty and whether the variance confers upon the applicant any special privileges that are denied to the owners of other lands, structures, or buildings in the same district; (2) The plight of the landowner is due to circumstances unique to the property not created by the landowner; and (3) The variance, if granted, will not alter the essential character of the locality.” Findings of Fact  Staff believes that practical difficulties exist as a result of the narrowness of the lot and that this circumstance does not apply generally to other property in the same zoning district. A deck would not be allowed to be constructed without a Variance. Brian Etzel Page 4 of 4 August 11, 2015 Setback Variance Planning Commission Meeting  Staff does not believe that granting the variances would give any special privileges that are denied to owners of other property in the same district.  Staff does not believe the narrowness of the lot was created by the landowner.  Staff believes the literal interpretation of the setback provisions of the City Code would prevent the applicant from constructing a deck on the subject property, which is a right commonly enjoyed by other properties in the district.  Staff believes that the variance request will not alter the essential character of the area and that the applicant proposes an average deck size for the home.  The proposed location is surrounded by significant vegetation which should limit impacts on adjoining property.  The property to the south of the subject property received variances for the construction of a new home due to the lot being small in the neighborhood. Staff Recommendation Staff recommends approval of the variance request with the findings described above and subject to the conditions which follow. The City may impose conditions in the granting of a variance to insure compliance and to protect adjacent properties. Staff recommends the following conditions: 1) The applicant shall meet with staff on-site prior to issuance of a deck permit to determine areas where hardcover could be removed and converted to pervious surface. 2) The applicant shall not remove any of the trees or vegetation surrounding the proposed deck. 3) The applicant shall utilize the variance within one year of approval, or the variance shall be considered null and void. 4) The applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the variance and other relevant documents. Potential Motion If the Commission finds that the variance criteria are met, the following motion would be in order: Move to recommend approval of the variance based upon the findings noted in the staff report and subject to conditions recommended by staff. Attachments 1. Document List 2. Site Plan received by the City 7/13/2015 3. Deck Plan received by the City 7/08/2015 Brian Etzel Page 1 of 4 August 11, 2015 Setback Variance Planning Commission Meeting MEMORANDUM TO: Planning Commission FROM: Debra Peterson, Planning Assistant DATE: August 6, 2015 MEETING: August 11, 2015 Planning Commission SUBJ: Brian Etzel - Setback Variance – 2942 Lakeshore Avenue Review Deadline Complete Application Received: July 8, 2015 Review Deadline: September 5, 2015 Overview of Request Brian Etzel requests a variance to reduce the required setback along Balsam from 30 feet to 12 feet for the construction of a deck that will tie in with an already existing deck along Balsam Street and Lakeshore Avenue. The deck dimensions are 10’ x 22’ and it would be attached to the existing 8’ x 12’ deck which faces Balsam Street and Lakeshore Avenue. The proposed deck would not extend any further towards Balsam Street than the already existing deck. The subject property and all surrounding properties are zoned UR, Urban Residential. The zoning district requires 9,000 square foot in size lots and the subject property is .16 acres or 7,167 square feet in area. The subject property does not meet current lot size standards or required setbacks, except it does meet the 30 foot setback along Lakeshore Avenue (front yard). The proposed deck does not increase any of these existing nonconformities. The variance request is for along Balsam Street (north property line) which is the direction the home faces. The minimum 30-foot side yard street setback makes it impossible to construct a deck to meet the setback along Balsam since the home is currently only set back 20 feet and the deck 12 feet from the Balsam property line. The proposed deck would meet the front yard setback along Lakeshore Avenue, the rear yard setback, and the interior side yard setback. Urban Residential Requirement Proposed Deck Min. Front Yard Setback (west) 30 feet 34’-5” feet Min. Rear Yard Setback (east) 30 feet N/A Min. Street Side Setback (north) 30 feet 12 feet Min. Side Yard Setback (south) 10 feet 12 feet Max. Hardcover 25% (shoreland) 57% (existing) NO INCREASE IN HARDCOVER WITH DECK AGENDA ITEM 7 Brian Etzel Page 2 of 4 August 11, 2015 Setback Variance Planning Commission Meeting Impervious Surface/Hardcover The maximum impervious surface in the shoreland overlay district is 25 percent. The subject property currently has 57 percent of its lot covered by hardsurface since it is a smaller lot. Staff recommends the applicant remove areas of hardsurface where possible. Staff recommends as a condition of approval that the applicant and staff meet on-site to determine where hardsurface can be removed prior to the issuance of a deck permit. Right-of-way The area between the Balsam street side property line to the edge of the street (right-of-way) is 26 feet. The current distance from the edge of the street along Balsam to the existing deck is 38 feet. The proposed deck would not bring it any closer. An aerial of the property is below: Brian Etzel Page 3 of 4 August 11, 2015 Setback Variance Planning Commission Meeting Lot Requirements: Required Existing Minimum Lot Size: 9,000 SF 7,167 SF Minimum Lot Width: 60 Feet 38 Feet Minimum Lot Depth: 100 Feet 138.78 Feet The existing lot width at the front property line along Lakeshore Avenue is 38 feet (west). The minimum width for the district is 60 feet. The lot width does gradually increase as it continues eastward and then ends with a width of 64.79 feet along the rear yard property line (east). The existing home is only 24 feet in depth which is rather conservative. Adding a deck to the home is not possible without a Variance. Visibility Visibility from Lakeshore Avenue (west) towards the home is limited since it is screened quite well by trees. Balsam Street also has many trees along the roadway, but the deck would be more visible since the driveway is along Balsam. The interior property line (south) is screened by a partial fence. Analysis According to Subd. 2 of Section 825.45 of the City Code, the City is required to consider the following criteria when reviewing a variance request: “Subd. 2. Criteria for Granting Variances. (a) A variance shall only be granted when it is in harmony with the general purposes and intent of the ordinance. (b) A variance shall only be granted when it is consistent with the comprehensive plan. (c) A variance may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. Economic considerations alone do not constitute a practical difficulty. In order for a practical difficult to be established, all of the following criteria shall be met: (1) The property owner proposes to use the property in a reasonable manner. In determining if the property owner proposes to use the property in a reasonable manner, the board shall consider, among other factors, whether the variance requested is the minimum variance which would alleviate the practical difficulty and whether the variance confers upon the applicant any special privileges that are denied to the owners of other lands, structures, or buildings in the same district; (2) The plight of the landowner is due to circumstances unique to the property not created by the landowner; and (3) The variance, if granted, will not alter the essential character of the locality.” Findings of Fact • Staff believes that practical difficulties exist as a result of the narrowness of the lot and that this circumstance does not apply generally to other property in the same zoning district. A deck would not be allowed to be constructed without a Variance. Brian Etzel Page 4 of 4 August 11, 2015 Setback Variance Planning Commission Meeting • Staff does not believe that granting the variances would give any special privileges that are denied to owners of other property in the same district. • Staff does not believe the narrowness of the lot was created by the landowner. • Staff believes the literal interpretation of the setback provisions of the City Code would prevent the applicant from constructing a deck on the subject property, which is a right commonly enjoyed by other properties in the district. • Staff believes that the variance request will not alter the essential character of the area and that the applicant proposes an average deck size for the home. • The proposed location is surrounded by significant vegetation which should limit impacts on adjoining property. • The property to the south of the subject property received variances for the construction of a new home due to the lot being small in the neighborhood. Staff Recommendation Staff recommends approval of the variance request with the findings described above and subject to the conditions which follow. The City may impose conditions in the granting of a variance to insure compliance and to protect adjacent properties. Staff recommends the following conditions: 1) The applicant shall meet with staff on-site prior to issuance of a deck permit to determine areas where hardcover could be removed and converted to pervious surface. 2) The applicant shall not remove any of the trees or vegetation surrounding the proposed deck. 3) The applicant shall utilize the variance within one year of approval, or the variance shall be considered null and void. 4) The applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the variance and other relevant documents. Potential Motion If the Commission finds that the variance criteria are met, the following motion would be in order: Move to recommend approval of the variance based upon the findings noted in the staff report and subject to conditions recommended by staff. Attachments 1. Document List 2. Site Plan received by the City 7/13/2015 3. Deck Plan received by the City 7/08/2015 Willow Manor Page 1 of 5 August 11, 2015 Preliminary/Final Plat Planning Commission Meeting MEMORANDUM TO: Planning Commission FROM: Dusty Finke, City Planner DATE: August 6, 2015 MEETING: August 11, 2015 Planning Commission SUBJ: Willow Manor – Preliminary and Final Plat with Variance – 2782 Willow Drive (and property to east) – Public Hearing Review Deadline Complete Application Received: July 9, 2015 120-day Review Deadline: November 6, 2015 Overview of Request Robert Buehler has requested to plat an existing parcel into a single buildable parcel and an outlot. The applicant owns the western portion of the subject site and another party owns the eastern portion, even though the two portions of the site were created as a single parcel back in 1984. It appears likely that the two portions of the site were given their own PID for tax purposes back in 1984 because the western portion was taxed by Minnehaha Creek Watershed and the eastern portion was not. At some point, these two tax PIDs were conveyed to two separate buyers, despite the fact they were a single legal parcel. The applicant seeks City approval to plat the portion of the subject site that they own into a buildable parcel. The eastern portion would be an outlot which would not be buildable on its own. This eastern portion is owned by the adjacent owner to the south. The subject property is zoned Rural Residential (RR) and is guided Rural Residential in the Comprehensive Plan. Surrounding properties are all Rural Residential as well. No buildings are currently located on the subject property; a home and an accessory structure were previously demolished on the western portion of the site. A shared driveway is located through the northern portion of the site, currently serving three homes and a vacant lot. This shared driveway also previously served the home on the western portion of the subject site. The eastern portion of the lot is largely occupied by a private road easement on the north, east, and a wetland on the south. An aerial of the subject site can be found at the top of the following page. Analysis As noted above, the property is zoned Rural Residential (RR). The following table summarizes the dimensional standards of the district and the proposed Lot and Outlot. Willow Manor Page 2 of 5 August 11, 2015 Preliminary/Final Plat Planning Commission Meeting Required Proposed Lot 1 Proposed Outlot A Minimum Lot Area (suitable soils) 5 acre contiguous suitable soils 3.52 acre suitable (~1.1 acre restricted by easement or drive) ~ 2 acre suitable (~ 1 acre w/in road easement) Gross Lot Area N/A 4.04 acres 4.91 acres Minimum Lot Width 300 feet 748 feet 792 feet Minimum Lot Depth 200 feet 300 feet 200 feet Front Yard Setback 50 feet Rear Yard Setback 40 feet Side Yard Setback 20 feet Impervious Surfaces 40% 4.2% 5.6% PROPOSED LOT 1 PROPOSED OUTLOT Willow Manor Page 3 of 5 August 11, 2015 Preliminary/Final Plat Planning Commission Meeting As noted above, the proposed lot would contain approximately 3.5 acres of contiguous suitable soils, less than the 5 acres required in the RR district. The proposed lot is also bisected by a private road easement (which currently does not contain a private road), a shared driveway serving property to the southeast, and a private driveway serving property to the east. These areas restrict the use of approximately 1.1 acres of the suitable soils. The applicant has requested the subdivision and has requested that the proposed lot be deemed buildable by the City. Because the proposed lot does not meet current standards, the applicant has requested a variance. The applicant argues that the requested subdivision would only result in a single buildable lot in the location where a lot was approved in 1984. It appears that the proposed lot would have met minimum lot standards on its own back in 1984, when the requirement was 2 acres of soils for a conventional septic system. The proposed outlot would not have met minimum lot standards, which is presumably why it was included along with the western portion. The applicant also argues that there was a house located on the western portion of the subject property when they purchased the land and that the City did not inform them that the portion they owned was part of a larger lot when they applied for a permit to demolish the home. At that time, the City was not aware of the fact, even when staff had conversations with the applicant about their desire to construct a new home on the western portion of the subject site. Staff recognizes that the applicant is in a difficult situation as a result of the actions of a previous property owner and has had numerous conversations with the applicant about options to move forward. Staff suggested the possibility of purchasing property to bring the lot into compliance. The applicant can speak to what extent they investigated such opportunities. Staff also discussed the subdivision/variance process as an option for the applicant. Wetlands/Floodplains There is a large wetland which extends along much of the southern portion of the site. There is also a small wetland in the central portion of the proposed lot. Staff recommends requiring upland buffers adjacent to the wetlands on the proposed lot. Staff does not believe it is necessary to establish buffers along the wetland on the outlot at this time. FEMA flood maps do not identify floodplains adjacent to wetlands on the site. Sewer/Water The proposed lot would be served by a private well and individual septic system. The applicant has identified a primary and secondary septic site for the proposed lot, which the building official indicated appeared sufficient. No sites are identified for the outlot since it would not be considered buildable on its own. Transportation A shared driveway currently serves the proposed lot, goes across the proposed outlot and serves an additional 4 lots. Staff recommends that the proposed lot continue to access the shared drive rather than having a separate driveway to Willow Drive. The home that was located on this portion of the lot utilized the shared driveway before it was demolished. Willow Manor Page 4 of 5 August 11, 2015 Preliminary/Final Plat Planning Commission Meeting The shared drive does not appear to be located within the easement across the proposed lot. Staff recommends that an easement be provided under the existing driveway in order to ensure access for the properties to the east. The City Engineer does not believe the subdivision causes any transportation concerns. Stormwater and LID Review No improvements or hardcover is proposed at this time, and the stormwater management ordinance would not be triggered. Future construction may potentially require improvements. Tree Preservation There are few trees on the subject property. No initial site development is proposed which would impact any trees. Park Dedication The plat does not result in a net increase in the number of buildable lots, so park dedication is not required. Review Criteria/Staff Recommendation Because the proposed lot does not meet minimum lot standards of the RR district, approval of the plat is contingent upon approval of the requested variance. As a result, staff recommends that the Planning Commission and City Council consider the variance request first. The applicant has requested a variance to reduce the minimum lot size of the proposed lot from 5 acres of contiguous suitable soils to 3.5 acres. Section 825.45, Subd. 2 establishes criteria by which the City reviews variance requests: (a) A variance shall only be granted when it is in harmony with the general purposes and intent of the ordinance. (b) A variance shall only be granted when it is consistent with the comprehensive plan. (c) A variance may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. Economic considerations alone do not constitute a practical difficulty. In order for a practical difficult to be established, all of the following criteria shall be met: (1) The property owner proposes to use the property in a reasonable manner. In determining if the property owner proposes to use the property in a reasonable manner, the board shall consider, among other factors, whether the variance requested is the minimum variance which would alleviate the practical difficulty and whether the variance confers upon the applicant any special privileges that are denied to the owners of other lands, structures, or buildings in the same district; (2) The plight of the landowner is due to circumstances unique to the property not created by the landowner; and (3) The variance, if granted, will not alter the essential character of the locality. A variance may only be approved if it meets all of the criteria noted above. If the Planning Commission and City Council find that the variance criteria above have been met and that the variance should be approved, the plat would then be reviewed under the following criteria. Willow Manor Page 5 of 5 August 11, 2015 Preliminary/Final Plat Planning Commission Meeting According to Subd. 10 of Section 820.21, the following criteria is to be followed when reviewing subdivisions. “The City shall deny approval of a preliminary or final plat if one or a combination of the following finding are made: (a) That the proposed subdivision is in conflict with the general and specific plans of the city, or that the proposed subdivision is premature, as defined in Section 820.28. (b) That the physical characteristics of this site, including but not limited to topography, vegetation, soils, susceptibility to flooding, water storage, drainage and retention, are such that the site is not suitable for the type of development or use contemplated. (c) That the site is not physically suitable for the proposed density of development or does not meet minimum lot size standards. (d) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage. (e) That the design of the subdivision or the type of improvements are likely to cause serious public health problems. (f) That the design of the subdivision or the type of improvements will conflict with public or private streets, easements or right-of-way.” Without approval of the variance, the proposed lot would not meet minimum lot size standards, as described in paragraph (c). As a result, without approval of the variance, the request for subdivision should be denied. If the City does approve the variance request, staff does not believe the request would meet the remaining findings. Staff recognizes the unfortunate situation the applicant is in and does not oppose the requested variance. If the Planning Commission and City Council find the variance criteria have been satisfied, staff would recommend approval of the variance and preliminary/final plat subject to the following conditions: 1) The Applicant shall extinguish the portion of the private roadway easement bisecting proposed Lot 1, Block 1 and grant an easement to the satisfaction of the City over the existing driveways on the proposed lot. 2) Access for the proposed lot shall be provided from the existing shared driveway. 3) The Applicant shall establish upland buffers adjacent to the wetland on proposed Lot 1, Block 1, consistent with the City’s wetland protection ordinance. This shall include planting of vegetation if necessary, signage, and easements. 4) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the plat and variance. Attachments 1. Document List 2. City Engineer comments dated 8/3/2015 3. Applicant Narrative 4. Preliminary Plat received by the City 8/4/2015 5. Final Plat Project:  LR‐15‐160 – Buehler/Harmel Plat and variance The following documents constitute the complete record of the above referenced request, even if some documents are not attached, or are only attached in part, to Planning Commission and City Council reports.  All documents are available for review upon request at City Hall. Documents Submitted by Applicant: Document Received Date Document Date # of pages Electronic Paper Copy? Notes Application 5/7/2015 5/7/2015 3 Application Y Amended 07‐09‐2015 Fee 5/7/2015 5/7/2015 1 Fee Y $5000 Mailing Labels 6/2/2015 5/15/2015 6 Labels Y  Narrative 6/2/2015 N/A 1 Narrative Y  Final Plat 5/8/2015 N/A 1 Final Plat Y  Survey 5/8/2015 12/11/20141 Survey‐5‐8‐2015 Y  Preliminary Plat 6/15/20156/15/2015 1 PrelimPlat‐06‐15‐2015 Y  Preliminary Plat‐updated 7/29/20157/14/2015 1 PrelimPlat‐7‐29‐2015 Y  Preliminary Plat‐updated 8/4/2015 8/3/2015 1 PrelimPlat‐8‐4‐2015 Y  Title Commitment 6/2/2015 5/13/2015 8 TitleCommittment Y  Septic tests/borings 7‐9‐2015 7‐6‐2015 15 SepticTests N           Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Engineering Comments 8/3/2015 1 EngComments – 8/3/2015                 Public Comments  Document Date # of pages Electronic        1 Dusty Finke From:Tom Kellogg <TKellogg@wsbeng.com> Sent:Monday, August 03, 2015 3:01 PM To:Dusty Finke; Batty, Ronald H. (rbatty@Kennedy-Graven.com) Cc:Debra Peterson Subject:RE: Buehler preliminary plat My comments/questions are noted below:    1. Is there a current wetland delineation for the properties?  2. If there is the appropriate easements should be acquired.  3. It appears they are dedicating 33’ half right‐of‐way for Willow Drive. The City should confirm this is correct.  4. The private roadway easement across Lot 1, Block 1 should be moved to encompass the existing drive. This  appears to have an impact on the possible septic sites.    Thanks,    Tom    Tom Kellogg Senior Project Manager d: 612-209-5113 | c: 612-209-5113 WSB & Associates, Inc. | Oddfellows Building 23 2nd Street SW Suite #200 | Rochester, MN 55902 This email, and any files transmitted with it, is confidential and is intended solely for the use of the addressee. If you are not the addressee, please delete this email from your system. Any use of this email by unintended recipients is strictly prohibited. WSB does not accept liability for any errors or omissions which arise as a result of electronic transmission. If verification is required, please request a hard copy. From: Dusty Finke [mailto:Dusty.Finke@ci.medina.mn.us] Sent: Wednesday, July 29, 2015 3:39 PM To: Tom Kellogg; Batty, Ronald H. (rbatty@Kennedy-Graven.com) Cc: Debra Peterson Subject: FW: Buehler preliminary plat   Tom,  We received the attached updated preliminary plat today.  Hard copy is in the mail.  This is scheduled for August 11  Planning Commission meeting, so I’ll need comments Tuesday (8/4)        Ordinance Amendment Page 1 of 1 August 11, 2015 Deck Upland Buffer Setbacks Planning Commission MEMORANDUM TO: Planning Commission FROM: Dusty Finke, City Planner DATE: August 5, 2015 MEETING: August 11, 2015 Planning Commission SUBJ: Ordinance Amendment – Deck Upland Buffer Setbacks Background At the July 14 meeting, the Planning Commission held a Public Hearing on a proposed ordinance amendment to reduce the required setback for decks from upland buffers. A property owner in the Enclave had requested that the City consider a setback of 5 feet for decks rather than 15 feet that is currently required for the home (and deck). The Commission expressed concerns related to the unintended consequences of reducing the setback for decks. The main concern was the reduction of upland areas and usable green space on properties adjacent to wetlands and the fact that developers and builders would likely utilize the extra space to increase the size of homes or decrease the size of lots. Following discussion, the Planning Commission recommended denial of the ordinance amendment. The property owner has requested that the City consider a 10 foot setback. The report from the July 14 meeting is attached for reference. Attachment 1. Report from July 14, 2015 Planning Commission meeting 2. Draft Ordinance 3. Letter from person requesting amendment 4. List of property owners supporting amendment Ordinance Amendment Page 1 of 2 July 14, 2015 Deck Upland Buffer Setbacks Planning Commission Meeting MEMORANDUM TO: Planning Commission FROM: Dusty Finke, City Planner DATE: July 8, 2015 MEETING: July 14, 2015 Planning Commission SUBJ: Ordinance Amendment – Deck Upland Buffer Setbacks – Public Hearing Background The City’s wetland protection ordinance requires that vegetative buffers be established adjacent to wetlands in new developments. The purpose of these buffers is to “protect the wetland from erosion and filter sediment, chemicals and other nutrients from the runoff that drains into the Wetland. An Upland Buffer also provides wildlife habitat and assists in maintaining diversity of both plant and animal species within the city.” The wetland protection ordinance also requires that structures be set back an additional distance beyond the buffer. Principal structures are required to be 15 feet from the buffer, and accessory structures are required to be 5 feet. The purpose of the setback is to provide a space outside of the buffer for outdoor activities. This is meant to reduce the likelihood that a property owner will violate and impact the buffer in order to allow for typical outdoor activities. There are a number of homes within the Enclave neighborhood which back onto wetland areas which had houses constructed which left comparatively little space for construction of decks. A number of these owners have expressed concerns to staff that they could not construct the deck that they desired. A number of the owners inquired about variances to allow for the decks. Staff believes that the circumstance is not unique and is, in fact, fairly common. As a result, staff did not believe a series of variances was appropriate. Instead, staff suggested that the owners request that the Planning Commission and City Council review the regulation. One of the owners formally applied for an amendment to the wetland protection ordinance which would reduce the required setback for a deck to 5 feet (the same as an accessory structure). The owner spoke at a City Council meeting. Because so many owners had expressed an interest in the potential amendment, the Council directed staff to review rather than placing responsibility of the cost onto the owner. Analysis As noted above, staff believes the intent of the setback is to provide a space outside of the buffer for outdoor activities and to reduce the likelihood of impacts into the buffer. The purpose is not to limit hardcover adjacent to the buffer, as evidenced by the fact that accessory structures have a reduced setback of 5 feet and improvements such as a patio would not require a setback at all. Ordinance Amendment Page 2 of 2 July 14, 2015 Deck Upland Buffer Setbacks Planning Commission Meeting Allowing a reduced setback for uncovered decks from wetland buffers may result in situations where a property owner looks to convert or replace the deck with a 3- or 4-season porch, but this would not be permitted because of the setback. In fact, at least one resident of the Enclave has already stated that they would be interested in a 3-season porch rather than a deck. Not having to make a distinction between a deck, 3-season porch, 4-season porch, or a full addition onto the house is one of the benefits of having a consistent setback requirement. Despite the argument for consistency, staff feels the more limited amendment for decks would be preferable to reducing the setback for all structures. Upland buffers have only recently began to be established and staff does not have information to rely on to determine if larger setbacks reduce impacts to the buffers. The amendment, as proposed, would allow certain lots a much larger building envelope for a deck than would be currently permitted. Staff considered more complicated alternatives which would only permit a certain area or % of the 15-foot setback to be encroached upon. This would allow some additional flexibility for decks while maintaining more ground space. Staff could look into such regulations further, but have some concern about being difficult to administer on a case-by-case basis across the City. Attachment Draft ordinance CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE REGARDING SITE PLAN REVIEW PROCESSES; AMENDING CHAPTER 8 OF THE CITY CODE The City Council of the City of Medina ordains as follows: SECTION I. Section 828.43, Subd. 5. of the code of ordinances of the city of Medina is amended by adding the underlined language as follows: Section 828.43. Wetlands Conservation. Subd. 5. Upland Buffer Zone and Required Buffer Setbacks. (a) If a new development activity, as defined in subdivision 3(c)(i) of this section, is proposed, the following Upland Buffer Zone and Buffer Setbacks shall be required for each Wetland, or portion of Wetland, within the subject property. In the event that zoning district regulations differ from the following table, the standards or procedures described within the zoning district regulations shall be required: Wetland Classification Upland Buffer Zone Average Width Minimum Upland Buffer Zone Width Buffer Setback (Principal Structure)* Buffer Setback (Accessory Structure) Preserve (at least partly within or adjacent to a DNR Mapped Area) 50 feet 30 feet 15 feet 5 feet All Other Preserve 35 feet 25 feet 15 feet 5 feet Manage 1 30 feet 20 feet 15 feet 5 feet Manage 2 25 feet 20 feet 15 feet 5 feet Manage 3 20 feet 15 feet 15 feet 5 feet * Uncovered decks and uncovered porches attached to the principal structure may extend into the required setback, but shall be setback a minimum of 10 feet from the Upland Buffer. SECTION II. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this ____ day of _____________, 2015. ______________________________ Bob Mitchell, Mayor Attest: ___________________________________ Scott T. Johnson, City Administrator-Clerk Published in the Crow River News on the _____ day of _________, 2015. May 30, 2015 Medina Planning Commission 2052 County Road 24 Medina, MN 55340 RE: Subd. 5. Upland Buffer Zone and Required Buffer Setbacks Dear Madam/ Sir; I am writing to you for consideration in amending the setback requirements related to upland buffer zones. My request is to amend the current setback requirement from 15’-0 to 5’-0 for all uncovered decks and porches attached to a principle structure. This would then allow for decks to extend into the current wetland setback. My request is based on the issue that I, and many of my neighbors, am challenged with building a functional and useful deck for our homes. The current zone requirement for the wetland setback line exists 15’-0 from the wetland buffer line. This area in my yard, as well as my neighbors, is currently occupied by grass and other landscaping. The current setback requirements only allow us to build from the face of our house up to the wetland setback line. This limitation forces us to utilize odd shapes for deck space, inconvenient locations for stairs and added costs for unique design construction while open yard space is available to utilize. Approval of this amendment request would allow for decks to extend or occupy space in the wetland setback area up to 5’-0 from the wetland buffer line. This amended change would also bring the deck setback requirements consistent with the current requirements for accessory structures such as sheds or other manmade structures. (Exhibit A) In addition to my request, I have also spoke with many neighbors to confirm support for this change. I have attached a list of owner names and addresses that support this amendment request. (Exhibit B) I hope the commission will see the value of amending this requirement for homeowners and the added enjoyment and value it will bring to residents of Medina. If the commission or council needs any additional details or information, I would be happy to provide or facilitate if needed. Sincerely, Charles Morse 3224 Butternut Drive Medina, MN 55340 Enclave Amendment Support List ‐ 06‐03‐2015 Quantity Name Address City 1 Charlie & Berit Morse 3224 Butternut Drive Medina 2 Angela and Jeff Johnson 3229 Pin Oak Road Medina 3 Kyle and Elizabeth Abell 3126 Butternut Drive Medina 5 Kavitha and Shawn Bernet 3129 Butternut Drive Medina 6 Nick Morrison 3278 Butternut Drive Medina 7 Tom & Merissa Browning 3257 Butternut Drive Medina 8 Michael and Melissa Kremer 3275 Butternut Dr Medina 9G. William McCoy 3153 Magnolia Drive Medina 10 Andy and Wendy Lanik 3224 Magnolia Drive Medina 11 Peter Vlad 3236 Pin Oak Road Medina 12 Rigo & Kacie Brioschi 3136 Wild Flower Trail Medina 13 Geg and Kristen Seremet 3200 Magnolia Drive Medina 14 John and Jennifer Roberts 3232 Magnolia Drive Medina 15 Andrew &Caitlyn Rosendahl 3277 Pin Oak Rd Medina 16 Travis and Cady Mattson 3315 Butternut Drive Medina 17 Colin and Mara Ryan 3196 Butternut Drive Medina 18 Lisa and Aaron Amic 3045 Butternut Drive Medina 19 Jason and Lindsey Vaughan 3154 Wild Flower Trail Medina 20 Mike Bitzer 3121 Wild Flower Tr Medina 21 Justin Reid 3151 Wildflower Tr. Medina 22 Mike and Allison Fetrow 3181 Magnolia Drive Medina 23 John Melsen 3208 Magnolia Drive Medina 24 Julia Roaldson 3405 Butternut Drive. Medina 25 Nikki & Matt cole 3375 Butternut Drive Medina 26 Dan Munsell 3157 Wild Flower Trl. Medina 27 Scott and Molly Prentice 3302 Butternut Drive Medina 28 Aaron and Tracy Norman 3225 Butternut Dr Medina 29 Nathan and Deb Honstad 3374 Butternut Dr Medina 30 Brody &  Steph Heinrich 3167 Magnolia Dr Medina 31 Amy Patt 3168 Magnolia Dr Medina 32 Shawn and Kim Holzschuh 3059 Butternut Drive Medina 33 Amna Khalid and Khalid Amin 3225 Magnolia drive Medina 34 Brent and Joy Scheil 3235 Pin Oak Rd Medina 35 36 37 38 39 40 1 CITY OF MEDINA 1 PLANNING COMMISSION 2 DRAFT Meeting Minutes 3 Tuesday July 14, 2015 4 5 1. Call to Order: Chairperson Nolan called the meeting to order at 7:00 p.m. 6 7 Present: Planning Commissioners Todd Albers, Kim Murrin, Charles Nolan, Victoria Reid, 8 Janet White, and Kent Williams. 9 10 Absent: Planning Commissioner Randy Foote. 11 12 Also Present: Planning Consultant Nate Sparks, City Planner Dusty Finke, and City Council 13 member John Anderson. 14 15 2. Public Comments on Items not on the Agenda 16 17 No comments made. 18 19 3. Update from City Council Proceedings 20 21 Anderson provided an updated on the three activities the Council considered at their last 22 meeting including the request from the Goddard School, which was approved; an update on 23 the progress of the consolidation of the Loretto and Hamel Fire Departments; and updates to 24 the liquor licensing in order to be compliant with the legislative changes. He noted that 25 concern was also expressed from a resident living north of Highway 55, specifically in a 26 senior citizen building, regarding the recent power outages. 27 28 4. Planning Department Report 29 30 Finke provided an update. 31 32 5. Approval of the June 9, 2015 Draft Planning Commission Meeting Minutes. 33 34 Motion by Williams, seconded by Reid, to approve the June 9, 2015, Planning Commission 35 minutes as presented. Motion carries unanimously. (Absent: Foote) 36 37 6. Public Hearing – Property Resources Development Corporation – East of 38 Homestead Trail, West of Deerhill Road – Planned Unit Development 39 General Plan and Preliminary Plat for a Proposed Conservation Design 40 Subdivision to Include 42 Single Family Home Lots 41 42 Sparks provided additional explanation on the definition of a conservation design 43 subdivision, noting that there are specific criteria to review such requests against, similar to a 44 planned unit development request. He stated that the subject site is approximately 170 acres 45 in size and is predominately farmland and wetland with some sloping. He noted that both 46 Morningside and Deerhill Road terminate into the property on the east and Homestead Trail 47 is also adjacent the property. He stated that the concept plan was reviewed at the February 48 meeting of the Planning Commission. He reviewed the base density for the subject site and 49 stated 42 units would be 190 percent of the 200 percent base density allowed by ordinance. 50 He stated that the City Engineer had reviewed the proposed access to Deerhill Road and had 51 found it to be acceptable. He noted that the access into the property would be through Orono, 52 2 noting that the property owner also owns the adjacent parcel in Orono. He described the 53 circulation and its connection to Deerhill Road. He noted that the two cul-de-sacs would be 54 private roads. He stated that following the concept plan review the applicant had reduced the 55 right-of-way and street width in order to be more in line with low impact development and to 56 reflect comments made regarding Deerhill Road. He said staff recommended the roads be 57 built to City standards for safety purposes rather than the proposed narrower streets. He 58 stated that additional details would be needed regarding the shared driveway and the 59 maintenance plans for the cul-de-sacs. He provided additional details on the proposed trail 60 alignment and stated that staff believes there are a number of ways to achieve the goals of the 61 trail plans and therefore perhaps a connection to the park should be provided. He stated that 62 primary and secondary septic sites are provided on each lot with the exception of one lot 63 which has a secondary site proposed in the conservation area. The application also requests 64 the flexibility to shift up to nine other secondary septic sites into the conservation area. He 65 advised that three lots do not meet the City standards for septic setback to a wetland. He 66 noted that the City’s drinking water area runs through the middle of the property and 67 therefore the City would need to be alerted to well placement. He stated that the grading will 68 be custom and done on a lot-by-lot basis rather than grading the entire site at once. He stated 69 that there will be minimal tree removal, he believed only one tree will be removed due to 70 road placement. He stated that the final wetland delineation had not been provided but would 71 be provided prior to the final review, noting that if there are major changes needed to lot 72 placement the application would need to come back before the Planning Commission. He 73 stated that 30 percent of the buildable area would need to be placed in a conservation area 74 under the regulations and noted that the request proposes 30.3 percent, which meets that 75 requirement. He noted that potential conditions for approval were included in the packet 76 should the Commission recommend approval. 77 78 Reid appreciated seeing the details of the settlement agreement but found it confusing that the 79 Commission would still need to determine whether this application meets the requirements of 80 a conservation design subdivision. 81 82 Sparks stated that the Commission should still do what they are tasked to do as the 83 Commission and review the application under the regulations of a conservation design 84 subdivision. 85 86 Finke stated that every aspect of the application is up for discussion. He provided additional 87 explanation regarding the potential settlement. 88 89 Reid stated that she felt input was given at the review of the concept plan and yet this is still 90 the same plan coming forward. She referenced the width of the roads and confirmed that the 91 City would like the roads to be 24 feet in width. She questioned if the City has an opinion on 92 the filling of wetlands. 93 94 Sparks stated that the comments provided in the concept review were to limit the fill of 95 wetlands but noted that there are procedures you can follow to mitigate wetlands. 96 97 Finke stated that on a farm property it is not uncommon to see pocket wetlands that are 98 eventually filled when developed. 99 100 Reid questioned the date of the settlement agreement and it was confirmed to be December of 101 2014. 102 103 Albers questioned the quality of the wetlands proposed to be filled. 104 105 3 Sparks noted that the full wetland report has not yet been provided so that is not known. 106 107 Williams stated it is his understanding that under the conservation design regulations, 108 conservation objectives should be identified and prioritized. He questioned the primary 109 conservation objective for this application. 110 111 Sparks stated that the applicant can provide additional details but believed that the applicant 112 would be restoring an area that was farmland and on the northern portion of the site, the large 113 wetland is a Tamarack swamp and would be protected. 114 115 Williams questioned the high quality resources that would be protected within the 116 conservation area, other than the Tamarack swamp. 117 118 Sparks stated that area would be restored. 119 120 Williams questioned the acreage of the conservation area that was actually buildable. He 121 stated that it is his understanding that the Commission is supposed to compare the yield plan 122 to this plan to determine if the benefits provided is equivalent to the density bonus requested. 123 124 Finke confirmed that a substantial wetland is within the conservation easement. 125 126 Williams stated that under regular development, 22 homes could be built and he is simply 127 trying to determine if the benefit provided would be equal to the density requested. He stated 128 that when he reviewed the Comprehensive Plan maps a large portion of this site was 129 considered unbuildable and that area matches with part of the area within the proposed 130 conservation easement. He questioned if there would be any limitations regarding the sewer 131 service area. 132 133 Sparks stated that this area is identified in the long-term sewer service area. He stated that 134 this development could make it very unlikely that any other property in that area could 135 connect. 136 137 Williams stated that he found the language in the Comprehensive Plan to be confusing in 138 regard to the long-term sewer service area. 139 140 Sparks provided additional information on the interpretation of the language. 141 142 Williams referenced Deerhill Road and the traffic study, which was cited by the applicant. 143 He confirmed that as the applicant proposed, Deerhill Road would not need to be widened or 144 improved. He questioned if the City had done an assessment on the condition of the roadway 145 as it is today. 146 147 Finke stated that the expectation is that this would cause more trips as the traffic would be 148 doubled and the City would need to determine if the past maintenance of Deerhill Road could 149 be continued or whether that would need to be adjusted. 150 151 Reid stated that this property is within the rural residential zoning district and questioned if 152 there is anything other than the size of the lots that is specific to that district. 153 154 Sparks stated that the main concern specific to rural residential as a land use under the 155 Comprehensive Plan would be density. 156 157 4 Finke stated that almost explicitly the conservation design subdivision ordinance language 158 allows an alternate to what is provided under the zoning in order to provide additional 159 benefit. He stated that the rural residential regulations would apply with some flexibility as 160 allowed by the City. 161 162 Nolan referenced the septic sites, specifically the ten sites that could encroach on the 163 conservation area and the three additional sites that would encroach on the wetland setback 164 area. 165 166 Finke stated that the applicant is requesting a maximum of ten secondary sites in the 167 conservation area. If these three sites were shifted into the conservation area, they would 168 count towards the ten total. 169 170 Nolan questioned what would happen if there are no alternate sites for those three that would 171 encroach on the wetland setback area. 172 173 Sparks stated that there is a potential condition that could require those lots to somehow be 174 amended to meet that setback. 175 176 Williams confirmed that this area was under a conservation preserve area and questioned 177 what happened to the plantings that were done. 178 179 Finke stated that the area was converted back to agricultural uses. 180 181 Albers questioned if each home would have a well and whether there is concern with the 182 number of wells and the placement to the septic. 183 184 Sparks stated that there are regulations for well and septic placement. He stated that 12 wells 185 would be within the area from which the City draws its drinking water but noted that proper 186 monitoring of well placement could prevent issues from arising. 187 188 White referenced the pool area and asked for details. 189 190 Sparks stated that the pool would be within a separate outlot that would be owned by the 191 homeowners association and would have a well and septic. He advised that there were no 192 plans for the septic provided but noted that a holding tank could be an option. 193 194 Jennifer Haskamp, SHC, stated that she has been working on this project with the property 195 owner and developer for the past three years. She introduced the members of the team who 196 were present at the meeting. She stated that there is a contingent settlement agreement 197 associated with this property, which was reached after two years of negotiations, which 198 included the concept plan, which is very similar to this plan. She stated that they are 199 attempting to develop a plan consistent to the concept plan, which was attached to the 200 contingent settlement and reviewed the similarities of those plans. She stated that they have 201 also tried to listen to the comments received from the Park and Planning Commissions, staff 202 and the City Council. She stated that approximately 90 acres of the site will be placed into 203 conservation easement, which is about half of the site. She provided additional information 204 on the roadways and the proposed connection to Deerhill Road and stated that they are 205 attempting to limit their impact on the rural roadway. She stated that they are proposing a 206 width of 22 feet for the roads in order to limit the impervious surface and improve infiltration. 207 She referenced septic systems and stated that as drawn today 41 out of 42 lots have their 208 primary and secondary sites on their lots, which was done in order to address the concerns 209 expressed during the concept plan review. She stated that they are requesting the flexibility 210 5 of nine more of secondary sites to be relocated into the conservation area because some of the 211 lots are challenging. She noted that only the secondary sites would possibly be located within 212 the conservation easement, and that all primary site would be within the lots. She stated that 213 the likelihood of a secondary site being used is very small and if it were placed within the 214 conservation easement, prairie grass would be planted and you would not be able to 215 distinguish the septic site by eye. She stated that a septic system has not been identified for 216 the pool lot as the system would need to be sized to the use and demand. She explained that 217 the initial recommendation had been to install holding tanks until the usage can be 218 determined and an appropriate sized system would then be installed. She briefly summarized 219 the details of the landscaping plan and amenities. She provided additional details regarding 220 the active restoration plan and the reserve areas. She provided brief details regarding the 221 input of the Watershed on the conservation areas. She stated that they would like to maintain 222 the rural character and would not be interested in creating a suburban character. She stated 223 that over 52 percent of the gross site would be preserved which they feel meets the intent of 224 the conservation design subdivision ordinance and fulfills the requirement of park dedication. 225 She stated that under the contingent settlement agreement they agreed to follow the State 226 rules and explained that under the State rules there are no wetland setbacks. 227 228 Murrin questioned if the pool area would have a clubhouse or a restroom. 229 230 Haskamp confirmed that intent would be to have a small restroom facility with a patio area 231 that would perhaps have a refrigerator for residents to put snacks in. 232 233 Murrin questioned and received confirmation that there would be a homeowners association 234 (HOA). She questioned if the HOA would manage the septic systems. 235 236 Haskamp stated that the HOA would have specific duties outlined and there would be a list of 237 regulations for homeowners to manage their septic systems. She stated that the HOA would 238 have the power to step in in the event that a homeowner does not maintain their system. 239 240 Williams referenced a traffic impact report and asked if there was a report requested for the 241 intersection of Homestead Trail and Highway 6. 242 243 Haskamp stated that they did not prepare the report and have been in communication with 244 Hennepin County. She stated that the County’s concern was regarding the access point in 245 general and in proximity to the intersection but not with the number of trips generated. 246 247 Williams stated that traffic does get backed up at that intersection, especially during the 248 school year, and questioned the impact that stacking would have on the ability to get in and 249 out of the development. He stated that the impact report for Deerhill estimated that 25 250 percent of the traffic would use that access but questioned the impact that stacking could have 251 on traffic choosing instead to use Deerhill if there is stacking at the other access point. 252 253 Haskamp stated that when the traffic engineer looked at the situation he made a judgement 254 based on the layout of the development to determine roughly the percentage of traffic that 255 would use either access point. 256 257 Albers stated that Highway 6 is very busy when he drives his children to school, and believed 258 that the number of trips that will utilize Deerhill Road was grossly underestimated. He 259 believed that the percentages would be reversed with 75 percent using Deerhill and only 25 260 percent using the other access point. 261 262 6 Haskamp stated that the traffic engineer that they used is very familiar with this area and she 263 is confident with the information he provided. 264 265 Albers referenced the creek bed, which is dry, and questioned if that would be grass or 266 another material such as stone or rubble. 267 268 Haskamp stated the idea is that it would be architecturally designed with boulders and 269 outcroppings and would convey some of the excess water in a 100-year storm event. 270 271 Albers referenced lot four and questioned if there is concern with the septic locations as the 272 two identified back up to the creek bed. 273 274 Haskamp provided additional information regarding the orientation of the septic systems and 275 noted that in that case there is sufficient space to place a retaining wall as well. 276 277 Reid stated that there was a reference to private trails and public trails and stated that it 278 appears that most of the trails proposed will be private trails. 279 280 Haskamp stated that the proposed trails would be public and are consistent with the 2014 281 Park Trails Master Plan. 282 283 Reid asked whether the recreation area would be public or private. 284 285 Haskamp replied that the area would be private and would be managed by the HOA. She 286 noted that would be a passive recreation area with no structures or equipment. 287 288 Murrin questioned if the passive recreation area is included in the 30 percent that would be 289 placed in the conservation easement. 290 291 Haskamp confirmed that is correct and explained that the City’s regulations provide a list of 292 acceptable activities within the conservation easement, such as recreation. 293 294 Nolan stated that he was not present at the concept review and recognizes that there is a 295 contingent settlement agreement but explained that as a Commissioner he is tasked to use the 296 conservation design district rules to apply evenly to all applications. He stated that the 297 applicant is asking for close to the highest density allowed under the conservation rules, at 298 190 percent out of 200 percent; providing a trail, which is also provided under normal 299 development, and providing an additional trail; restoring prairie grass that had been prairie 300 grass six to seven years ago; and the area that will be conserved is 30.3 percent, noting that 301 the minimum amount that must be conserved under the rules is 30 percent. He asked why the 302 Commission should be considering a near maximum density request when the conservation 303 efforts appear to be near the minimum. 304 305 Haskamp referenced a table on page nine of the submittal, which shows that of the 170-acre 306 parcel, 38.47 acres of upland buildable land would be in the conservation easement. She 307 stated that in a normal development, the wetland and wetland buffers become privatized and 308 the quality can be degraded. She stated that wetland buffers are buildable and therefore 309 nearly eight acres of wetland buffer area will also be conserved that is not necessarily 310 required in additional to the 38.47 acres. She stated that the contiguous area of open space 311 makes prairie grass successful and that would be uniquely provided in this parcel. She stated 312 that it is a labor of love to install a prairie and make it successful and viable in the long-term. 313 She stated that the conservation design ordinance specifies both public and private trails and 314 noted that they worked together with the Minnehaha Creek Watershed to design private turf 315 7 trails in a design which will assist in making the prairie restoration successful and improving 316 the wetlands and water quality. 317 318 Nolan referenced property in the northwest corner that would not front on a road and noted 319 that it appeared to be an effort to pack in additional lots. He asked for additional information 320 on how that would be an aspect of conservation design. 321 322 Haskamp stated that originally, there had been cul-de-sacs and when working with staff it had 323 been suggested to shorten the cul-de-sacs lengths to reduce the impervious surface. She 324 explained that shortening the cul-de-sacs changed the design to have a shared driveway for 325 the one lot. 326 327 Reid stated that the contingent settlement references a main arterial road and questioned if 328 that is the serpentine road that starts at Homestead Trail and continues through to Deerhill 329 Road. 330 331 Haskamp confirmed that is correct. 332 333 Williams questioned why the prairie grass was plowed to begin with. 334 335 Haskamp stated that the property had been under the CRP program and once the ten-year 336 period expires the property owner may use the land for economic purposes and that is why 337 the land was used for agricultural purposes. 338 339 Williams questioned if there is a map that highlights the buildable land and the definition of 340 five contiguous acres of suitable soils. 341 342 Haskamp stated that information is provided on a map and confirmed that information 343 identifies the 22 lots that would be available under normal development standards. 344 345 Williams referenced the yield plan and stated that the map provided does not appear to 346 identify the buildable area on it. 347 348 Haskamp provided additional information on the coloring and marking of the map. 349 350 Nolan opened the public hearing at 8:50 p.m. 351 352 Nolan referenced a letter received by the City Planner dated July 10th from Stuart Alger, an 353 attorney for Steven Pflaum, which will be a part of the public record. 354 355 Steven Pflaum, 2725 Deerhill Road, stated that his property abuts the subject property and he 356 generally supports the development. He referenced the eastern buffer woods that will be 357 preserved and would not normally be preserved under normal development. He stated that he 358 also supports restricting the width of the road through the subdivision, which he believed 359 would be a better fit to the existing Deerhill Road, which is a historic road. He stated that his 360 main concern is preserving the current character and configuration of Deerhill Road as a 361 historic farm road. He noted that there has been a petition signed by those that do not support 362 the upgrading or changing the configuration of Deerhill Road. 363 364 Nolan asked for confirmation that the issue regarding upgrading was the width and that he 365 would not be opposed to the paving of the road. 366 367 8 Pflaum confirmed that the residents would not be opposed to the upgrading of the surface of 368 the road. 369 370 Stuart Alger, who in representation of the Pflaums, stated that the Pflaums do support the 371 development but do not want the road widened in conjunction with the project. He stated that 372 they would like to keep the right-of-way width at 50 feet with a road width of 22 feet paved. 373 He stated that the City ordinance provides discretion to approve road widths less than the 374 standard if traffic conditions permit. He stated that the Pflaums have met with Stonegate and 375 appreciate their willingness to work together and preserve the wooded forest area. 376 377 Kylie Schefers, who spoke in representation of Barb Burkstrand who lives adjacent to the 378 proposed project north of the Pflaums, stated that the property owner had concerns with 379 erosion control and how that would be handled towards her property. She stated that she has 380 concern with the septic areas and how that would be cleaned up if it does go into the 381 secondary sites. She stated that the property owner generally supports the request but also 382 had concern with construction equipment that could possibly be traveling on Deerhill Road. 383 384 Nolan referenced the north side of the property that appears to be within the conservation area 385 and questioned if that would be prairie grass. 386 387 Haskamp stated that all the areas within the restoration area would be prairie grasses and the 388 existing hardwood areas would be protected and would not be touched. 389 390 Nolan asked for additional information on the staged grading and how the equipment would 391 access and exit the site. 392 393 Haskamp replied that the roadway would be constructed at one time. She stated that the 394 individual sites would be graded carefully as they are constructed because of the septic sites. 395 She stated that the lots are still fairly large and there is plenty of space on the rear of most of 396 the lots for proper grading and water handling. 397 398 Nolan asked for clarification on what would happen under the HOA or development 399 agreement once the lot is sold. 400 401 Haskamp stated that there are certain sites that have aspects that need to be protected and 402 noted that additional measures, such as deed restrictions would apply. 403 404 John Septer, who spoke in representation of Judah and Hannah Buckley, stated that the 405 presentation referenced that the project has been worked on for years. He asked that the 406 Commission and applicant consider additional details tied into the conservation elements in 407 regard to the subdivision, specifically as it applies to the neighboring properties. He 408 referenced an open area near where the new Deerhill would be constructed and stated that 409 there are homes in that area. He expressed concern with headlights shining into homes and 410 traffic noise. He stated that the rural character is important to this area and under 411 conservation design and believed that a vegetative landscaping screen should be installed. He 412 stated that the road speeds should also be managed to reduce emissions and road noise. He 413 suggested placing speed bumps and limiting that section of Deerhill Road to 15 miles per 414 hour. He echoed the comments of Pflaum applauding the developer for wanting to preserve 415 and maintain the rural elements. 416 417 Linda McGinty stated that she lives in Morningside, which is denser than what is proposed 418 for this development. She questioned who would be plowing this neighborhood and received 419 the response that the public roads would be the responsibility of the City while the private 420 9 cul-de-sacs would not be the responsibility of the City. She questioned if the Watershed 421 provided rate control and infiltration assessments and received confirmation that had been 422 done. She questioned who would be responsible for checking the septic systems and received 423 the response that the HOA would take an active role and the City would also require proof 424 that the system had been cleaned once every two years. 425 426 Finke noted that the system proposed actually had more stringent maintenance and 427 monitoring requirements. 428 429 McGinty questioned if the City would require a development agreement with escrow and 430 warranties and received confirmation that would be required as well. She also confirmed that 431 the prairie restoration would be covered in the development agreement. She received 432 confirmation that homeowners would be allowed to have swimming pools. She questioned if 433 busses will travel into the development and whether routes had been examined. 434 435 Nolan stated that would be the decision of the School District and noted that would be a 436 public road. 437 438 McGinty stated that quality of life is not something that can be put into a concept plan or 439 development agreement but is something that is important to the residents of Medina. She 440 stated that preserving rural character is important to the community and the only way to do 441 that is to limit growth. She stated that people live here because of the rural character and the 442 good school district. She hoped that idea is kept at the forefront of the Commission’s mind. 443 444 Nolan stated that he believes that everyone cares about the quality of life and that is why they 445 live here but noted that they work under the planning and zoning rules as people have the 446 right to develop their property. 447 448 Chad Grochowski, 1265 Maplewood Drive, stated that he lives adjacent to the far 449 southeastern corner of the property, which is the one property with a proposed alternate septic 450 system and asked for additional information on the alternative septic system. He stated that 451 his well is on his far western border, which is near that area of the conservation area. He 452 questioned if it is the preference of the homeowner to use an alternate septic system noting 453 that area is within a treed area and believed the applicant stated that the wooded areas will be 454 preserved. He questioned if the septic site could be nearest to the home being constructed 455 rather than closest to his home. He noted that there are additional lots that are along his 456 western border and questioned if those lots would be part of the alternative septic system as 457 he was concerned with septic systems near his well. 458 459 Haskamp stated that the development agreement can specify that no more than a set number 460 of septic sites could be within the conservation easement. She stated that would not be an 461 alternative septic system but would be a secondary septic site, which is to be used only in the 462 event that the primary site fails, or cannot be used. She stated that none of the secondary sites 463 would be constructed when the primary site is. She explained that the secondary sites would 464 be planted with the prairie grass and would simply be protected in the case a primary site 465 fails. She stated that the preference is to keep the primary and secondary septic sites on the 466 lot, if at all possible. She referenced the site the resident referenced and noted that they 467 would look at the placement of his well as required under State law to ensure that the septic is 468 placed the sufficient distance from the well. She believed the marked area is within the 469 planted trees and not the hardwood forest. 470 471 10 Murrin referenced the septic location on lot five and stated that it appears to be outside of a 472 suitable soils area. It was noted that the soils map is based on county-wide, and that it may be 473 possible that circumstances on an individual lot may differ slightly. 474 475 Clarkson Lindley, 1588 Homestead Trail, spoke in representation of his family and stated that 476 his concern is with the overall density and the number of septic and well systems and the 477 affect that would have on the groundwater. He stated that many of the drain fields are 478 adjacent to another lot line or a conservation easement, which he did not feel met the purpose 479 of a conservation easement. He stated that he has concern with a possible drawdown of the 480 groundwater, which would affect his well. 481 482 Nolan stated that there are State guidelines as to how close wells can be placed to another 483 well or septic system and confirmed that the applicant would follow those rules. 484 485 Amy Alworth, 1602 Homestead Trail, echoed the comments of Linda McGinty and stated she 486 also believed that it is important to preserve the rural characteristic of Homestead Trail. She 487 was also concerned with the traffic as Highway 6 already backs up from the school. She 488 stated that she would prefer the 22 homes allowed under the Comprehensive Plan and would 489 not want to see this high density. 490 491 Kristin Chapman, 1910 Iroquois Drive, stated that she is not directly affected as her home is 492 not adjacent to the property. She stated that residents that are not next to the development are 493 still affected as this would increase traffic on Willow Drive and other roads as well. She 494 referenced the rural character of the City and stated that at these density volumes there would 495 be additional traffic lights and four way stops at several intersections. She did not believe 496 that only 25 percent of the development traffic would utilize Deerhill Road and believed that 497 the traffic backup on Highway 6 would cause residents of that development to instead use 498 Deerhill Road. She stated that as the City has grown over the past 20 years she has seen the 499 enforcement of City rules to be very poor and would like to see that when the development is 500 ultimately approved there are enforcement mechanisms to ensure that the terms are agreed 501 upon regarding septic systems, restoration of the prairie, and long-term trail maintenance. 502 503 Cindy Piper, 2905 Willow Wood Farm Road, stated that she can guarantee that the trails as 504 delineated on the plan would cause complaints from homeowners about horse poop on the 505 roads. She stated that there are other ways to route the trails. She referenced the HOA and 506 stated that once the developers leave the homeowners would be required to take over and 507 would be tasked to do the work that the developers hope they would. She asked that the City 508 review the terms of the HOA and questioned when the HOA would take over, whether that 509 would be when the development is 50 percent complete or 80 percent complete. She asked 510 that the City carefully review the HOA. 511 512 Nolan questioned the role of the City in creating and/or managing an HOA. 513 514 Finke stated that the City reviews HOA covenants pretty closely to determine how they 515 compare to the City regulations and stated that they would be looking closely in regard to the 516 long-term maintenance of the conservation areas. He stated that if tied to a condition the 517 terms of the HOA cannot be changed without approval of the City. 518 519 Reid questioned if there is enforcement if the items are not followed through on. 520 521 Finke confirmed that would be enforceable. 522 523 11 Danny Nadeau, 2632 Deerhill Road, stated that he is present in representation of his parents 524 Bud and Pauline. He agreed with the comments of Pflaum regarding the rural characteristics 525 of Deerhill Road, noting that the road functions well for the people that it currently serves. 526 He stated that if the roadway is opened up there would be major changes needed. He stated 527 that his mother recommends that the City study and look at the possibility of having an 528 entrance to Old Crystal Bay, rather than Deerhill, which would solve a number of issues. He 529 stated that his mother also had an issue with the trail construction that is planned along 530 Deerhill and questioned if there would be a plan to make that connection all the way down 531 Deerhill. He stated that the conservation easement is really nice but a trail along Deerhill 532 might be difficult to accomplish. 533 534 Finke stated that the Park and Recreation Commission will consider the issue of trails at their 535 meeting the following night. 536 537 Nolan closed the public hearing at 9:35 p.m. 538 539 Reid questioned what the applicant would do if the City does not approve the additional 540 flexibility for the secondary septic sites. 541 542 Haskamp stated that they would ask why the City would take that position, since the 543 conservation design ordinance permits secondary sites. She stated that they would bring the 544 request to the City Council in hopes for a different answer. 545 546 Nolan questioned if there are alternatives that have not yet been explored if the alternate 547 secondary sites are not allowed within the conservation easement. 548 549 Haskamps stated that they have demonstrated that on 41 of 42 lots a primary and secondary 550 septic location can be placed within the lots. She stated that on the last lot the alternative may 551 be to relocate the lot where it was on the concept plan near the Pflaum property as the lot 552 would have a primary and secondary septic location within the lot lines. 553 554 Nolan asked why the applicant is asking for the flexibility when 41 out of 42 lots have 555 already been identified within the lots and questioned why then the flexibility is needed. 556 557 Susan Seeland, applicant, stated that they would use that as a backup plan because things 558 happen during development and the best laid plans do not always work as planned. She 559 stated that the odds of ever having to use a secondary site with a multi-flow system is very 560 low. She stated that they are doing the best that they can and simply want to ensure that if 561 there is a problem there is an alternative. 562 563 Murrin referenced lot five and questioned if she understood correctly that if the secondary 564 site is needed for that lot the lot lines would be reconfigured if the additional flexibility is not 565 provided. 566 567 Haskamp stated that is not correct and explained that lot number five does not have a primary 568 and secondary location within the lot lines and therefore if the flexibility is not given, the lot 569 would be relocated to its original location on the concept plan adjacent to the Pflaum 570 property. 571 572 Murrin received confirmation that if relocated lot five would then be in the area marked as a 573 conservation easement and questioned if that would then decrease the 30.3 percent marked as 574 conservation easement. 575 576 12 Haskamp stated that the percentage would not be decreased as the existing location of lot five 577 would then be added to the conservation easement. 578 579 Reid referenced the cost of monitoring the well location to ensure that other water supplies 580 are not affected. She stated that there is concern regarding the additional stress that would 581 place on the water supply in addition to the number of septic systems that would be added in 582 proximity to wells. 583 584 Albers stated that he has concern regarding the exit to Deerhill Road as the traffic level will 585 be highly increased on that roadway. He stated that he drove down Deerhill Road recently 586 and it reminds him of being up north because of the rural characteristics and would hate to 587 lose that because of this development. 588 589 Williams stated that he tends to review the issue from a larger perspective and stated that 590 from a conservation design standpoint priority resources need to be identified that are being 591 preserved, which has been identified as the Tamarack swamp and forest. He noted that under 592 the plans for what could be developed under regular development there would be eight homes 593 placed in that high quality resource area. He stated that when comparing the proposed 594 conservation plans to the plans that would be allowed under regular development there are 15 595 homes in the high quality resource area under the conservation design. He did not understand 596 how doubling the number of homes within that area marked as a high quality resource 597 advance any conservation objective. He stated that he walked the site and there are 598 significant slopes that would direct runoff into the Tamarack swamp. He noted that there are 599 buffers proposed that would not be provided through regular development. He questioned the 600 tradeoff that would be received for the extra buffers, noting that there would simply be area 601 preserved to the south that is currently crops. He stated that the applicant already dug up the 602 established prairie once and questioned what would stop the applicant from doing that again 603 in the future. He stated that he did not see the application meeting a number of objectives of 604 the conservation design ordinance. He stated that the density requested far exceeds the 605 benefit the City would be receiving. He was also concerned with the added traffic this would 606 add to the Homestead and Highway 6 intersection and also believed that the added traffic 607 would require Deerhill Road to be upgraded to handle that traffic. 608 609 Murrin believed that if this moves forward an importance should be placed on the HOA 610 covenants and the enforcement of that, specifically regarding the septic systems. She stated 611 that it seems to make sense that the neighborhood would need an additional access point but 612 did not believe that Deerhill Road could handle that extra traffic. She stated that although the 613 City would be gaining a conservation easement she did not see that the minimum allowed 614 conservation easement would equal the maximum density allowed. 615 616 White stated that she did not feel that the maximum density would be justified by what the 617 City would be receiving in return. She stated that the viewshed from Homestead Trail is 618 important and had concern. She also had concern with the added stress this would place on 619 Deerhill Road. She stated that she did not feel that this application meets all of the objectives 620 for a conservation design subdivision. 621 622 Murrin stated that if there were only 22 homes exiting onto Deerhill Road that would place a 623 significantly less amount of stress on the roadway. 624 625 Nolan echoed the comments that he did not see that the primary benefits would justify the 626 maximum allowed density. He stated that this process has to be give and take and 627 acknowledged that 38 acres is a lot of land and the size of this parcel allows something more 628 meaningful to be done. He stated that he sees a lot of property that does not have street 629 13 frontage and in the spirit of conservation it seems that the applicant is attempting to fit in 630 extra lots. He stated that the applicant is also asking for additional flexibility with the septic 631 sites. He stated that if this site is so tight that additional leeway must be given to allow septic 632 sites within the conservation easement perhaps that is not the best application of the 633 conservation design ordinance. He stated that another property owner is present tonight 634 listening to this discussion because he has brought forward similar conservation design plans. 635 He stated that his message must be consistent in that this is an incentive program and the 636 more the applicant gives to the City, the more the City can give to the applicant. He stated 637 that even 20 houses would change the character of Deerhill Road. He stated that when 638 looking at the proportionality of what is being asked for must be considered and more must 639 be given in return for requesting the maximum density allowed. He stated that when talking 640 about conservation he would like to see that conservation is not lost in translation. He stated 641 that Medina is rural and there is a method for this to work, but it must be equal on both sides. 642 He stated that perhaps this plan could work if a few amendments were made to reduce the 643 density. 644 645 Murrin questioned if the development could be planned to not access Deerhill Road. It was 646 confirmed that could not be done. 647 648 Nolan stated that as nice as Deerhill Road is that would not be the first road in Medina that 649 needs to be updated. 650 651 Motion by Williams, seconded by Albers, to recommend denial of the Conservation 652 Design-Planned Unit Development General Plan, Preliminary Plat and Rezoning subject to 653 the findings that were provided during the discussion, that the objectives of the conservation 654 design ordinance are not met through the application. Motion carries unanimously. (Absent: 655 Foote) 656 657 Finke stated that the City Council will review this item at their meeting on Wednesday, 658 August 5th. 659 660 Nolan briefly recessed the meeting at 10:00 p.m. 661 662 Nolan reconvened the meeting at 10:03 p.m. 663 664 7. Public Hearing – Ordinance Amendment to Chapter 8 of the City Code Related to Solar 665 Equipment 666 667 Finke stated that the Commission discussed solar equipment in regard to the business park 668 and industrial zoning districts in February and the Code was amended at that time to allow 669 ground mounted solar equipment. He stated that the solar equipment attached to structures is 670 allowed within every zoning district in the City while ground mounted equipment is only 671 allowed in the industrial and business park zoning districts. He stated that there were 672 comments from residents at that time desiring the ability to install ground-mounted 673 equipment within the rural residential zoning district. He stated that the draft ordinance was 674 provided for context and highlighted the different rural residential districts that could in 675 essence allow ground mounted equipment. He stated that the draft ordinance also includes 676 stipulations for properties, such as the property must be at least five acres in size. He stated 677 that staff estimates that there are about 580 properties that would be eligible under this draft 678 ordinance. He noted that if the ten-acre lot size is desired that would cut the eligible lots in 679 half. He stated that the staff proposed a 100-foot setback, which is twice the general setback 680 for properties within the rural residential district, noting that animal structures require a 681 setback of 150 feet for comparison purposes. He reviewed the proposed regulations on 682 14 height, site lines, visibility and screening. He stated that staff recommends using a 683 conditional use permit (CUP) for those that would desire a ground mounted solar array. 684 685 White questioned if it would be necessary to state that the installed panels would be only for 686 the primary resident of the property. 687 688 Finke stated that he believes that the ability to sell back energy is a benefit that the State sets 689 up to economically incentivize homeowners. 690 691 Nolan stated that he had the same concern. He stated that he likes the idea of allowing solar 692 power for residents but is not sure he wants to make it a commercially viable option. 693 694 Williams explained that homeowners would still have a Wright Hennepin Electric bill and 695 there would be a credit on the bill. 696 697 Reid explained there are some days that too much solar energy is generated to use and that is 698 where a credit is earned through the electric company to offset days when it is cloudy and no 699 energy is gained. 700 701 Finke noted that the credit also helps to offset the cost of installation for the homeowner. He 702 explained that the CUP would allow public input through a public hearing rather than an 703 administrative approval. 704 705 Nolan stated that he would tend to ease into this more conservatively as it could be a nuisance 706 to a neighbor. He liked the idea of using the CUP and only allowing within the rural 707 residential district. 708 709 Nolan opened the public hearing at 10:18 p.m. 710 711 Mindy Rechelbecher, 1242 Hunter Drive, stated that she and her husband purchased raw land 712 on Homestead Trail with the intent of building their dream home on that parcel. She stated 713 that they would like to have ground mounted solar energy on their new parcel and she was 714 disappointed to find out that would not be allowed. She stated that there are difficulties to the 715 roof mounted solar panels as holes would need to be drilled into the house, maintenance is 716 more difficult, it is difficult to clear the snow in the winter, and the panels cannot move with 717 the sun. She stated that ground mounted equipment can move with the sun during the day to 718 collect the most amount of sun possible. She stated that ground mounted equipment is also 719 easier to clean off and repair as they are easily accessible. 720 721 Chris Peterson, Bloomington resident that is moving to Medina in November, stated that he 722 will not be within the rural residential zoning district so he will not be able to utilize the 723 ground-mounted equipment. He referenced the 100-foot setback noting that in theory that 724 sounds good but in practice that would only allow about 1.5 acres of usable space including 725 the home that is on the lot and other features such as trees. He noted that with that setback 726 the amount of homes that could use the feature would be further limited. He stated that a 50-727 foot setback would be sufficient. He noted that Tesla is about to release a power wall which 728 is a battery that would attach to a home and would store the solar energy for later use. He 729 stated that it would be difficult to sell solar energy to a neighbor as there is a lot of regulation 730 by the utility company and the State. He stated that the more people get behind solar energy, 731 the more energy costs will go down. He stated that it is very difficult to generate your entire 732 energy supply from solar in Minnesota. 733 734 Nolan closed the public hearing at 10:28 p.m. 735 15 736 Reid stated that she was considering more than a 100-foot setback as sometimes once solar 737 equipment is installed a neighbor wants to construct something that may block the equipment. 738 739 White echoed the comments of Reid noting that she was thinking of a 150-foot setback 740 similar to animal setbacks. 741 742 Williams stated that would be comparing apples and oranges explaining that a larger animal 743 structure buffers that use from neighbors and allows additional space if the animals get out 744 before they would reach the neighbor’s property. He stated that he would actually be more in 745 favor of a 50-foot setback. 746 747 Murrin stated that she would support a minimum lot size, noting that five acres would be the 748 minimum that she would support at this time and stated that the restriction could be reduced 749 in the future if everything works well. 750 751 White stated that if this was adopted with a 100-foot setback could a homeowner then request 752 a variance from the setback. 753 754 Finke confirmed a variance could be requested but noted that a hardship would need to be 755 proven. 756 757 Nolan stated that he supports the ordinance as proposed. 758 759 Williams questioned if the Commission could support a 75-foot setback. 760 761 Reid stated that she would support 100 feet and Nolan and Albers also supported a 100-foot 762 setback. 763 764 Motion by Albers, seconded by White, to recommend approval of an Ordinance 765 amendment to Chapter 8 of the City Code related to solar equipment. Motion approved 766 unanimously. (Absent: Foote) 767 768 8. Public Hearing – Ordinance Amendment to Chapter 8 of the City Code Related to 769 Setbacks from Upland Wetland Buffers 770 771 Finke provided background information explaining that in a new development situation 772 current City regulations trigger the establishment of vegetative buffers upland from wetlands, 773 which range in width from 20 to 50 feet. He stated that there is also a setback from structures 774 based on the type of structure. He noted that accessory structures have a five-foot setback 775 from buffers. He explained that the purpose of the setback from the buffer is to protect the 776 buffer, which protects the wetland. He stated that in the Enclave neighborhood there are a 777 number of properties that have limited depth to construct decks because of the way the homes 778 were built on the lot and the wetland buffer setbacks. He noted that staff has received about 779 half a dozen requests from homeowners in the Enclave that would like to build decks but are 780 not allowed because of the setback. He stated that one homeowner requested a text 781 amendment, which would decrease the setback from 15 feet to five feet for uncovered decks. 782 He noted that the resident approached the City Council to request action and the Council 783 requested that the matter move forward in this manner. He noted that there are letters of 784 support from residents within the Enclave, noting that there are additional homeowners that 785 would be interested in decks that simply have not yet applied. He noted that the wetland 786 buffers are providing the water quality protection necessary. He noted that as drafted this 787 would prevent a three or four season porch and would only allow uncovered decks. 788 16 789 Albers confirmed that a deck could include a combination of covered and uncovered if the 790 covered portion meets the necessary setback requirement. 791 792 Williams questioned the purpose of allowing only uncovered decks. He stated that he does 793 not see the purpose of distinguishing. 794 795 Nolan questioned if a variance could be provided. 796 797 Reid stated that the Commission did discuss the issue with Lennar when reviewing the 798 Enclave development plans, as they could see that there would not be room for decks. 799 800 Murrin stated that if there is more buildable space on a lot that would be used and that would 801 encourage larger houses on smaller lots. 802 803 Nolan opened the public hearing at 10:45 p.m. 804 805 Kyle Abell, resident of Enclave neighborhood, stated that Lennar did tell them about the 806 setback before they purchased the property but noted that he does want to build a deck. He 807 stated that they would be okay with an uncovered deck. 808 809 Reid questioned how many feet the home is from the structure. 810 811 Abell stated that only one corner of his deck would encroach into the setback area. 812 813 Albers questioned if that is the case in that development that only a small portion of the deck 814 would fall into the setback area. 815 816 Finke stated that it is common that the full back of the deck would encroach in that 817 development. 818 819 White questioned if the setback were reduced from 15 feet to 10 feet would that be enough. 820 821 Abell stated that would be enough for his property but did not know if that would be enough 822 for other property owners. 823 824 Murrin questioned where the rest of the homeowners were tonight and confirmed that they 825 were notified as well. 826 827 Abell stated that they were notified and had sent him to speak, noting that an email had been 828 sent as well. He stated that Charlie Morse had sent an email to residents within the Enclave 829 and believed there were about 40 to 50 responses. 830 831 Nolan closed the public hearing at 10:50 p.m. 832 833 Finke stated that developers do consider some reasonable decks when laying out the lots. He 834 agreed that reducing the setback would push that building envelope for developers. 835 836 Nolan stated that he would be surprised if there was a lesser price for the lots with the smaller 837 backyards. He stated that if the setback is reduced a developer will come in with homes 838 closer to the wetland buffer. He stated that while he is sympathetic to the homeowners that 839 want decks, the ordinance cannot be set based on those six homeowners. He noted that is 840 why he would support a variance rather than changing the setback. 841 17 842 Williams stated that the homeowners purchased the lots knowing that the decks could not be 843 built. 844 845 White agreed that while she is sympathetic to the homeowners they were told, or should have 846 been told about the setback. 847 848 Motion by White, seconded by Albers, to recommend denial of an Ordinance amendment to 849 Chapter 8 of the City Code related to setbacks from upland wetland buffers. Motion 850 approved unanimously. (Absent: Foote) 851 852 Nolan noted that the residents can still attend the Council meeting to voice their concern. 853 854 Finke stated that he would contact the resident to advise him of when this would go before 855 the City Council. 856 857 9. Public Hearing – Ordinance Amendment to Chapter 8 of the City Code Related to the 858 Site Plan Review Process 859 860 Finke stated that the Commission reviewed this item briefly the previous month. He stated 861 that there had been concern from business owners regarding the approval process for smaller 862 items and the Commission reviewed some items that could possibly be reviewed 863 administratively. He noted that there was concern regarding parking lot expansions and 864 whether the process as it stands currently is a disincentive for businesses to create additional 865 parking. He noted that the City does not have a maximum allowed for parking. He stated 866 that the ordinance as drafted would allow administrative review and approval for certain 867 items and reviewed those items that are proposed to be allowed. 868 869 Murrin referenced the construction of an accessory structure of 5,000 square feet and 870 questioned if the golf course building would have been allowed under administrative review. 871 872 Finke stated that the golf course property is under a PUD and therefore still would have been 873 required to go through the process. 874 875 Murrin stated that additional trees were required to be planted and noted that would not have 876 been added if that had been done under administrative review and suggested that size be 877 lowered. 878 879 Reid noted that change of use could have additional parking requirements. 880 881 Finke stated that there would still be administrative review and if the request meets the Code 882 it could be approved, rather than requiring a 75-day process. 883 884 Nolan stated that perhaps parking expansions could be capped at 20 to 25 percent. 885 886 Finke stated that he finds it hard to write a report for the Commission to review for parking 887 lot expansions as those are simply calculations and is pretty cut and dry. He stated that there 888 are ways to avoid the process, noting that businesses can do the expansion in sections to 889 avoid the process. 890 891 Nolan opened the public hearing at 11:03 p.m. and closed the public hearing at 11:03 p.m. as 892 there were no comments. 893 894 18 Finke agreed with the comments on the accessory buildings noting that item could be 895 removed from the administrative review process. 896 897 Nolan stated that he would support a 1,000 square feet accessory structure under 898 administrative review and confirmed the consensus of the Commission. 899 900 Reid stated that perhaps a maximum parking expansion be set over a period of years. 901 902 Williams stated that the parking lot expansion could be allowed setting the limitation that the 903 property owner has not expanded their parking lot by more than 25 percent in the last two 904 years. 905 906 Reid suggested extending that to three years. 907 908 Williams asked if that limitation would solve anything. 909 910 Nolan asked for input from Finke. 911 912 Finke stated that he would not like to see a limit. 913 914 Motion by Williams, seconded by Reid, to recommend approval of an Ordinance 915 amendment to Chapter 8 of the City Code related to the Site Plan review process, amending 916 the language number four on page three to read “expansion of an existing parking lot, 917 providing that the applicant has not expanded the parking lot by more than 25 percent over 918 the past two years” and also amending number eight to reduce the size of the accessory 919 structure allowed under administrative review from 5,000 square feet to 1,000 square feet. 920 Motion approved unanimously. (Absent: Foote) 921 922 10. Council Meeting Schedule 923 924 Finke advised that the Council will be meeting the following Tuesday at which time the deck 925 and administrative review will be discussed. He noted that an update would be given on 926 Stonegate but that item will not be on the agenda. 927 928 White volunteered to attend the meeting. 929 930 11. Adjourn 931 932 Motion by Reid, seconded by Williams, to adjourn the meeting at 11:09 p.m. Motion 933 carried unanimously. 934