HomeMy Public PortalAbout11-13-2012MEDINA
PLANNING COMMISSION AGENDA
TUESDAY NOVEMBER 13, 2012
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 October 9th and 24th of 2012 draft Planning
Commission minutes.
6. Public Hearing — Mattamy Homes requests a Preliminary Plat
and Rezoning for a 65 lot residential subdivision to be located
north of Highway 55 and east of Arrowhead Drive (PID 02-118-
23-34-0002).
7. Council Meeting Schedule
8. Adjourn
POSTED IN CITY HALL November 9, 2012
MEMORANDUM
TO: Mayor Crosby and Members of the City Council
FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson
DATE: October 31, 2012
SUBJ: Planning Department Updates November 7, 2012 City Council Meeting
Ordinance Updates
A) Wind Turbine/Renewable Energy Ordinance — The City Council enacted a moratorium on
Wind Energy Conversion Systems (WECS) at the June 5 meeting and authorized a study on the
matter. Staff has studied the existing regulations and prepared a report and potential ordinance
amendment. The Planning Commission reviewed at their July 10, August 13, and September 11
meetings and provided direction, including direction to remove WECS from the list of uses
allowed in residential districts. The Council reviewed at the September 18th meeting, and
expressed interest in allowing small turbines within rural residential property, with various
limitations. The ordinance will be presented to the Council at the November 7 meeting.
B) Lot Frontage/Flag Lots/Driveway regulations — Staff intends to study the City's regulations
related to flag lots and frontage requirements as well as driveway setback requirements. Any
tentative changes are tentatively scheduled to be discussed with the Planning Commission at
their December meeting.
Land Use Application Reviews
A) Moser Variance — Jacob Moser has requested variances in order to construct a home on an
existing vacant parcel in the Independence Beach Area (east of Ardmore Ave at the intersection
of Balsam St. Requested variances are from the setback requirements from the ordinary high
water level of Lake Ardmore, the front property line, and from an unused right-of-way. The
Planning Commission held a Public Hearing at the October 24 Planning Commission meeting,
recommended that the applicant alter their plans to reduce the size of the home/garage and
tabled the application to allow them to update plans
B) Fields of Medina West — north of Highway 55, east of Arrowhead — Mattamy Homes has
applied for a preliminary plat for 65 single-family homes located on the 20 acres west of the
Fields of Medina project currently under construction. Staff is conducting a preliminary review
and a Public Hearing may be scheduled for the November 13 Planning Commission meeting.
C) Tamarack Ridge Preliminary Plat — Property Resources Development Co. has submitted a
preliminary plat for an eight lot rural subdivision on approximately 80 gross acres northwest of
the existing Deerhill Road between Willow Drive and Homestead. The applicant is contesting
the suitable soils map as part of the application. Staff has determined that the application is
incomplete for review and awaits additional information before scheduling a Public Hearing at a
Planning Commission meeting.
D) Buckley Wind Energy Conversion System (WECS) CUP — 1582 Homestead Trail — Hanna
Buckley has applied for a CUP to construct a 189 -foot wind turbine on their property and the
application is incomplete for review at this time. The City Council has established a
Planning Department Update
Page 1 of 2 November 7, 2012
City Council Meeting
moratorium on the review, approval and construction of WECS and authorized a study on the
City's regulations of this use. Review of the CUP cannot proceed until the moratorium expires.
E) Woods of Medina Concept Plan, Toll Brothers — Toll Brothers have submitted a concept plan
for review for a 125 -lot single-family subdivision on the Gorman Farm property east of County
Road 116 and south of Hackamore. The Planning Commission held a Public Hearing at the
October 9 meeting and provided comments. The City Council reviewed and provided comment
at the October 16 meeting. Staff will await an application for preliminary plat.
Additional Projects
A) Business Tours —I attended the business tours at Rolling Green Business Center, Target, and
the Medina Entertainment Center and was able to discuss concerns and answer questions related
to future projects on two of the properties.
B) Zoning Enforcement — staff has investigated two commercial activities occurring on
residential property without relevant approvals and the operations appeared to have ceased.
Staff will continue to monitor.\
C) Meeting with Corcoran re: Hackamore — staff met with City of Corcoran staff related to
future improvements of Hackamore Road and how these can be integrated into development
within both cities. Staff was also collecting information for a traffic study which will be
conducted for the Woods of Medina project.
D) Cable Infrastructure Analysis — staff conducted a quick analysis to determine how many
miles of cable would be necessary to serve areas of Medina which currently are not served
by cable TV/high speed interne.
Planning Department Update
Page 2 of 2 November 7, 2012
City Council Meeting
1 CITY OF MEDINA PLANNING COMMISSION
2 DRAFT Meeting Minutes
3 Tuesday, October 9, 2012
4
5
6 1. Call to Order: Commissioner Charles Nolan called the meeting to order at 7:00 p.m.
7
8 Present: Planning Commissioners Robin Reid, V. Reid, Charles Nolan and John
9 Anderson.
10
11 Absent: Randy Foote, Kent Williams and Kathleen Martin
12
13 Also Present: City Planner Dusty Finke, Planning Assistant Debra Peterson, and
14 NAC Consultant Nate Sparks.
15
16 2. Public Comments on items not on the agenda
17
18 No public comments.
19
20 3. Update from City Council proceedings
21
22 Finke updated the Commission on recent activities and decisions by the City Council.
23
24 4. Planning Department Report
25
26 Finke provided an update of upcoming Planning projects.
27
28 5. Approval of the September 11, 2012 Draft Planning Commission meeting
29 minutes.
30
31 Motion by V. Reid, seconded by R. Reid, to approve the September 11, 2012
32 minutes as written. Motion carried unanimously. (Absent: Foote, Martin and
33 Williams)
34
35
36 6. Public Hearing - Toll Brothers, Inc. - Requests Concept Plan Review of 125
37 single family residential homes on an 80 acre parcel located east of County Road
38 116 and south of Hackamore Road known as the Gorman Farm property (PID
39 01-118-23-21-0004).
40
41 Finke presented the application describing the application to have Single family
42 homes and zoned R-1, Single Family Residential. He further explained all the
43 processes the applicant would have to go through as part of the Preliminary Plat, such
44 as Wetland impacts subject to WCA, tree replacement/landscape plans, parks and
45 trails.
46
47 Finke explained the Comprehensive Plan for a park within a half a mile of each
48 household. Anderson asked why the Park Commission decided against requiring a
1
1 park for this development. Finke said because surrounding developments have
2 private amenities, he didn't feel it was necessary.
3
4 Nolan asked about trees to be removed. Finke said a significant amount of trees
5 would be removed as part of grading the site and to provide drainage needed. R. Reid
6 asked why all the trees weren't shown on the concept plan at the Northwest corner/lot
7 line. Nolan asked staff to make sure this information is shown in the future.
8 Anderson said the applicant is proposing 125 single family homes and asked if there
9 was any discussion of townhomes. Finke said not that he is aware of, but he could
10 ask the applicant.
11
12 Nolan asked about the one access point for the property to the north accessed out onto
13 116. Finke said that staff would not be recommending direct access out onto 116.
14
15 Nolan asked about the proposed filling of wetlands. Finke said at this stage the
16 applicant has talked about purchasing credits, but would have to go through the
17 technical process with the watershed. Nolan said the areas of that impact would be
18 three wetlands. Finke concurred. Nolan said the plan (C4.01) with the grading lines
19 appears to have a lot of encroachments within the buffer and was curious about it.
20 Finke explained restoration and planning of all wetlands would be necessary as part
21 of the platting process. He concurs it appears to have encroachments.
22
23 V. Reid asked Finke to define the outline of the wetland area. Anderson asked Finke
24 to reference on the map where the Park Commission disagreed concerning trail
25 location. Finke showed a trail along the internal roadway and woods. He said the
26 Park Commission was in favor of trails along Hackamore.
27
28 Alex Martin of Toll Brothers gave their company background and the six locations
29 they are currently located. Toll Brothers is a National builder but they predominantly
30 deal with the high end luxury group. He said it would be similar to the Wild
31 Meadows South, except for the stormwater management. They are a custom builder
32 and keep a keen eye on streetscape with continuity and aesthetics. He explained the
33 plans before the Commission are not Engineer drawn. He said they held a
34 neighborhood meeting last week and is working with approximately 30 people,
35 though over 400 people were notified of the project.
36
37 Nolan asked the applicant about stormwater and he explained. Anderson asked if
38 they owned the property or if under contract. Martin said it's under contract.
39
40 Anderson asked if the applicant had considered townhomes. Martin said the Wayzata
41 school district has done well over the downturn in the market. He said homes are
42 selling in the Single family residences and they gear their plans based on the market.
43
44 V. Reid asked if they had developments that just had open space rather than park
45 amenities. Martin said yes they have done such. Martin said they look at developing
46 communities rather than just homes.
47
48 R. Reid said her other concern is traffic and understands a study would be required.
49 She asked how they deal with the study. Martin explained they would complete a
50 study involving all necessary agencies. Also, trips per household are also considered.
2
1 He said a lot of it is a Partnership, and then blindly going with what they think is
2 right.
3
4 R. Reid asked why the northwest corner stand of trees isn't shown on the concept
5 plan. Martin said he wasn't sure. Martin said the seclusion of the trees is wonderful
6 and to preserve the trees is important.
7
8 Martin said the site doesn't work for townhomes based on market, location, and price
9 points.
10
11 Nolan asked about the 500 year flood location. Finke explained it appears that the
12 location isn't accurate and said the City doesn't regulate the 500 year floodplain.
13
14 R. Reid said we have a few concepts of the exterior elevations and wondered if they
15 will have a variety of homes. Martin said they would provide more styles than what
16 is shown. He said in Eden Prairie they have five styles with five additional exterior
17 appearances. He said custom fronts are important and they don't allow the same floor
18 plan and exterior elevation next to each other or across the street. Nolan asked if they
19 would be actively marketing five different floor plans.
20
21 Public Hearing opened at 7:58 p.m.
22
23 Derek Hayes, 295 Calamus Circle in Wild Meadows, said what attracted many of us
24 was the nature preserve, so they bought 120-150 acres around their development. He
25 feels it is a true asset to both Wild Meadows owners and the City. He feels taking
26 away almost 50 feet of trees along property lines would take away their privacy and
27 investment they've put into the area. They want to be able to maintain their privacy.
28 They are also interested in understanding the water plan for this development. Many
29 of them have invested substantial amounts of dollars to make drainage work correctly
30 and drain tiles were built approximately five years ago along the tree lines which have
31 since resolved their drainage and flooding issues.
32
33 Bob Kroll of 315 Calamus Circle said the association had to run a major drain tile in
34 the wooded area along the east property line of the proposed development. He said
35 they had problems with flooding in their back yards, but now are not having issues
36 since drain tiles were installed. He said the proposed trail goes right into his back
37 yard without any potential for a connection. He disagrees with putting in a trail for
38 the future that leads to nowhere. He is opposed to cutting trees down for such a trail.
39 He is also worried about the safety of others with such a trail since it will only attract
40 teenagers, especially if it dead ends.
41
42 Anderson asked about when the flooding occurred. Bob said about five years ago and
43 flooding came close to their homes and was killing out some of the trees, which were
44 reduced about 50% due to that flooding and then to take out more trees now would be
45 considerable.
46
47 Nolan asked where the natural drainage flows. Finke said it appears to flow towards
48 the wetlands, but would be better clarified once engineering plans are provided.
49
3
1 Kirby Johnson of 320 Calamus Circle said he's getting a lot of input from neighbors.
2 He is concerned with the possible trail and that Wild Meadows North has recently
3 paid $120,000 to put limestone on their trails which are "private." He said the
4 applicant appears to be marketing a joint neighborhood with them and they are
5 "private." He said he thinks the new development will need a place to walk their
6 dogs so that they don't think they can come into Wild Meadows trails which are
7 posted, but could lead to complaints and police calls. He thinks the new development
8 should have its own trail system.
9
10 Joe Cavanaugh has a 10 acre piece just north of the development. He said he gave
11 Finke a new design of the land and wanted to say he supports the project.
12
13 Jill Voltin of 630 Shawnee Woods Trail said one of their concerns is if the park
14 doesn't happen would more homes be constructed? Martin said if the park goes away
15 then they would be below the minimum density and they would have to build homes.
16 She said they have a very high water table and some of their homes have sump pumps
17 constantly running. She said the water is holding in the woods. Voltin also asked if a
18 hydrologist report had been done. Alex Martin said soils tests have been done and he
19 said once it's complete they would submit the report to the City and it would become
20 public record.
21
22 Eric Voltin of 630 Shawnee Woods Road said that he wondered if the fact that Wild
23 Meadows flooding got better around the same time that his neighborhood started
24 having more issues were related. He said every time it happens they continue to lose
25 trees. He said the way the homes are shown now along the southern property lines
26 they'd be cutting very close to the lot line when cutting trees. He asked if it would be
27 possible to save the trees, or offer the strip of tree line to sell to the people along the
28 south side to save them. He said the Open House said Toll has standards on silt fence
29 around tree lines and asked if the City had separate standards.
30
31 Steven Theesfeld of 600 Shawnee Woods Trail said his property sits where the trail is
32 proposed to end. He said he knows you can't stop development, but most of them
33 bought these properties years ago because of the rural nature and preservation of the
34 trees. He said he likes the idea of the City giving the developer a park credit since it
35 could help preserve the wooded area along their property lines. He further explained
36 it is his property that the trail dead ends at, which is right next to his septic mound.
37 He said he envisions kids playing on his property, since the trail dead ends there and
38 said they bought into the neighborhood for privacy so therefore the idea isn't
39 appealing. He said his deed doesn't show an easement for a trail. Theesfeld also
40 brought up concerns with the bus stop along 116 and cars not stopping for busses. He
41 said the road really isn't ready for another development. It seems our quest for
42 development is ahead of us being ready. He said he remembers the Swanson
43 proposal in the past was told by the County, "no more access points on 116." He is
44 also concerned about the kids getting on the bus at that stop. Theesfeld asked the
45 Commission to take the time to give the County time to address issues. He invited
46 anyone that was interested to come to his home to see the water issues, woods, and
47 location of dead end trail proposal.
48
49 Nolan asked about access onto 116 and Hackamore. Finke said a traffic study would
50 be done.
4
1
2 Heather Czech of 660 Shawnee Woods Road said her concern is drainage, trees, road
3 access, 116, and privacy. She said their taxes have doubled, but they love the
4 Wayzata schools and the community. She agrees development marches on and feels
5 the unique nature is the high water table. She said it's the excavation that will impact
6 the drainage and tree lines. Czech asked if it would be possible to have deeper lots
7 along the southern south side. A letter was submitted with all neighborhood
8 signatures.
9
10 Nolan encouraged the applicant to work with neighbors.
11
12 Jim Burkstrand of 4475 Maple Leaf Court resides in Foxberry Farms development.
13 He said he was the 5`h home constructed in Foxberry Farms and lives on Maple Leaf
14 Court and explained that if the proper protection is put in around the trees they could
15 be saved. He said the trees in his yard when under construction were done properly
16 and they didn't lose any trees; so if the builder pays attention to it they'll be fine. He
17 said his main concern is County Road 116 and the Fields of Medina development to
18 the west. He said this can't be discussed as a single issue. He thinks the speed limit
19 should be reduced and an additional stop light put in.
20
21 Weir said the City doesn't have jurisdiction over speed limits.
22
23 Dale and Judy Gronberg of 565 Hackamore Road were in attendance. He said he was
24 unable to attend the neighborhood meeting and hasn't been part of any development
25 talks. He is wondering how this is going to affect him in the future. He discussed
26 further concerning road improvements and water, with his main concern being
27 possible assessments. He is currently on a well and septic and is wondering if they
28 would have to put a lift station on the east end. He feels like the odd man out since
29 there is no real plan for development along Hackamore Road. He feels he is at a
30 disadvantage based on sewer and water. He asked about the trail and Finke explained
31 the City would meet with property owners when the time comes. Gronberg also
32 wondered if this new development would change his ability to build a new home on
33 his property and feels it could. He is located on the second lot to the west of the
34 entrance along Hackamore. He said he gets substantial drainage from Wild Meadows
35 since they made their improvements. He once had ducks nesting in his yard but then
36 the City installed culverts which he paid for and it has since resolved his drainage
37 issues.
38
39 Nolan asked the applicant if they approached the property owner along Hackamore
40 between the proposed park and entrance into the development. The property owner,
41 Marilyn Larson said was never approached.
42
43 Denny of 625 Hackamore Road asked if a study determines an upgrade is needed on
44 Hackamore who would pay for it. Finke said another significant development across
45 from Hackamore to the north in Corcoran is also being considered and a traffic study
46 would consider both. Denny asked if Toll Brothers would be required to install a lift
47 station. Finke said the goal would be to hold it as deep as possible through gravity so
48 there would be no need for a lift station.
49
5
1 Matt Denault the Civil Engineer for Toll Brothers explained he's done a preliminary
2 analysis on whether a lift station would be needed and thinks they won't need one.
3 Their intent is to run a gravity sewer, with potential to serve others outside of the
4 development.
5
6 Harry Denny of 625 Hackamore Road asked if a lift station was planned. The
7 Engineer for Toll said they were going to try and run the lines deep enough to get
8 gravity so they wouldn't need a lift station. Denny asked if the proposed
9 development would stop them from being able to put a new septic system in on their
10 property. Finke said current properties can continue to maintain and install new
11 septic systems. They explained they want to sell their property now as a five acre
12 parcel and wondered if they would be able to put in a new septic. Finke said the
13 property can have the house torn down and rebuilt. He explained the Toll application
14 wouldn't preclude him from any of his rights or selling his property.
15
16 Marilyn Larson of 435 Hackamore said her concern is the drainage. She said
17 drainage has come from the Wild Meadows development and the City hasn't done
18 anything about it. The ditches aren't deep enough. She likes the park along the side
19 of her property. Nolan explained if the issue is from Wild Meadows then it's a
20 private issue. He said sometimes there are ways of alleviating the problem by talking
21 to the developer.
22
23 Martin said the Gorman property is one of the higher points.
24
25 Jeff Pederson of 710 Shawnee Woods Road said he echoes what his neighbors are
26 concerned with and he has a road at the back of his property. He said he's 50 feet
27 from the back property line and asked if the developer would consider a fence.
28
29 Public Hearing closed at 8:56 p.m.
30
31 Nolan explained this is a conceptual plan to provide the City with feedback. There is
32 no real formal vote tonight.
33
34 V. Reid said it is clear that there is a major drainage problem. She stated that the
35 applicant needs to save more trees and that she would support credit for a private park
36 and a larger play area. She said that the park doesn't need to have amenities, but just
37 an area to run and play. She said she is the only one on the Commission that lives in
38 a planned development. She said she has four sons that like to play soccer and thinks
39 that kids should not have to cross County Road 116 and should have their own play
40 area. She thinks there should be a comp plan amendment to allow for higher density.
41 She stated that traffic is a major problem on County Road 116 now and will only get
42 worse increasing households with Hwy 55 so close. She said it is faster to go to
43 County Road 116 even if there are major backups.
44
45 Anderson agrees with V. Reid and with the drainage. She said hearing from all the
46 neighbors provides evidence and appears to be an issue which needs to be addressed.
47 Martin said he feels all parties need to come together to discuss drainage problems.
48 The owner between the park and the entrance said she's been here since 1979 and the
49 field used to be planted and now it isn't.
50
6
1 Finke suggested the attendees contact their Commissioner to help with stop lights and
2 road improvements and get organized.
3
4 R. Reid asked the purpose of the ghost plat of the property to the north near 116.
5 Finke said to look into the future. Would like to see the streets curve a little more and
6 it has a long straight away. Alex Martin said it was his first comment to want the
7 same. R. Reid explained that the City wants to preserve trees. Martin said that is
8 what they want also. R. Reid asked the name of the development in Eden Prairie and
9 was told it was "Eden Prairie Woods."
10
11 Nolan said he tends to favor the Commission and their recommendations such as the
12 Park Commission, because they've studied it more regionally. He said the Planning
13 Commissioners typically tend to also lean that way. He said as far as the trail is
14 concerned, if the Park Commission doesn't see value in it then more than likely they
15 wouldn't favor it. He would like to see more creativity as a general rule. A
16 serpentine road is more desirable and he would like the applicant to think outside of
17 the box a little more. He also isn't sure about the multifamily part of it. He's only
18 partially sympathetic since the City would like to see a little more variety of housing
19 types. He explained the Metropolitan Council regulates density, so if the City allows
20 lesser density then we would have to see it made up somewhere else. He said he
21 would still like the applicant to look at a variety of housing with higher density in at
22 least one area.
23
24 Pederson's main concern is the road location and is studying it on his own and Nolan
25 felt would be better.
26
27 Nolan was concerned with the length of the southern road. He also mentioned the
28 issue of the traffic and asked Finke about it and how much the City would coordinate
29 that. Finke said they don't have any pending applications, but he has started
30 conversations with Corcoran.
31
32 Nolan asked the applicant to look at the water from more of a regional perspective.
33 The City should encourage the neighbors and applicant to get involved in resolving
34 the drainage issues.
35
36 V. Reid said she wants to reiterate her support for a park which she feels builds a
37 community. She doesn't like the location on the plan for a park, but would rather
38 have it as an area that serves the kids.
39
40 Alex Martin said they would have another Neighborhood Open House that will be
41 hosted on -site and encouraged attendance. He said they want to be good neighbors.
42 Finke said the application would go to the City Council next Tuesday.
43
44 7. Public Hearing — Jacob Moser — Requests Variances to construct a
45 new home in the Urban Residential (UR) zoning district along
46 Ardmore Avenue (PID 18-118-23-24-0154).
47
48 No Quorum, so item was not heard. The Commission discussed a
49 Special meeting on October 24, 2012 if a quorum could be met,
7
1 otherwise it would be heard at the Planning Commission's regular
2 November meeting. The new date to hear the application would be
3 emailed to those individuals providing their email address and all
4 property owners within required distance for notification.
5
6 Motion by Anderson, seconded by V. Reid, to postpone the public hearing.
7 Motion carried unanimously. (Absent: Foote, Martin and Williams)
8
9 Dusty will be sending an email to the Planning Commission concerning options
10 for a Special meeting date which will work for at least four of the commissioners.
11
12 8. Public Hearing — Ordinance Amendment to Chapter 8, Section 825, of the
13 Medina City Code related to Variances.
14
15 Finke presented the application and explained that the ordinance would be bringing
16 our existing ordinance in line with State Statute. He said the language is similar to
17 State Statute, but has included further description beyond the reasonable test. He said
18 the City can determine who is the City Board of Adjustments and Appeals makes the
19 decision. Weir said it is most appropriate to have it be the City Council, since they
20 are the elected body.
21
22 Nolan asked about a legal answer to what "the plight of the landowner is due to
23 circumstances unique to the property, not created by the landowner" means.
24
25 Weir asked about the "hearing" change on top of page two of the recommended draft
26 ordinance. Agreed to keep "hearing" and not change to "public hearing."
27
28 Public Hearing opened at 9:46 p.m.
29
30 Public Hearing closed at 9:47 p.m.
31
32 Motion by R. Reid, seconded by V. Reid, to recommend approval of the
33 Ordinance Amendment with noted changes. Motion carried unanimously.
34 (Absent: Foote, Martin and Williams)
35
36 9. Public Hearing - Ordinance Amendment to Chapter 8, Section 833, of the
37 Medina City Code related to Public Buildings in the Industrial Park District.
38
39 Finke presented application. Anderson asked if under certain circumstances other
40 businesses should be allowed.
41
42 V. Reid asked if the idea came from the Council. Finke said there was some interest
43 by Council to find less expensive alternatives.
44
45 V. Reid doesn't like the idea at all, but does have concern about the cost. She would
46 like to know what the screening is going to look like, such as huge pine trees. She
47 recommended that language be added to the ordinance. If tightened up, language
48 would support it.
49
8
1 Public Hearing opened at 10:02 p.m.
2
3 Public Hearing closed at 10:02 p.m.
4
5 Motion by Anderson, seconded by R. Reid, to recommend approval of the
6 Ordinance Amendment with changes noted, specifically related to screening.
7 Motion carried unanimously. (Absent: Foote, Martin, and Williams)
8
9 10. Council Meeting Schedule
10
11 R. Reid agreed to attend the October 16th City Council meeting
12
13 11. Adjourn
14
15 Motion by Anderson, seconded by V. Reid, to adjourn at 10:05 p.m. Motion
16 carried unanimously. (Absent: Foote, Martin, & Williams)
9
1 CITY OF MEDINA
2 PLANNING COMMISSION
3 DRAFT Special Meeting Minutes
4 Wednesday, October 24, 2012
5
6
7 1. Call to Order: Commissioner Charles Nolan called the meeting to order at 7:01 p.m.
8
9 Present: Planning Commissioners Robin Reid, Kathleen Martin, V. Reid, Charles
10 Nolan, John Anderson and Randy Foote
11
12 Absent: Kent Williams
13
14 Also Present: City Planner Dusty Finke and NAC Consultant Nate Sparks.
15
16 2. Public Comments on items not on the agenda
17
18 No public comments.
19
20 3. Public Hearing — Jacob Moser — Requests Variances to construct a
21 new home in the Urban Residential (UR) zoning district along
22 Ardmore Avenue (PID 18-118-23-24-0154).
23
24 Commissioner R. Reid recused herself from the discussion on this matter.
25
26 Sparks presented the staff report. He listed the five variances being requested: 1)
27 Front setback (15 feet instead of 30); 2) Palm Street setback (15 feet instead of 30); 3)
28 Setback from ordinary high water level of Lake Ardmore (55 feet instead of 75 feet);
29 4) Upland Buffer Setback (10 feet instead of 15 feet); 5) Minimum lot size (18,000
30 sq. ft. instead of 20,000 sq. ft.). Sparks stated that the applicant proposed to bring in
31 approximately 400-500 yards of fill in order to construct a two-story walkout home
32 with approximately 900 square feet per level. He stated that the fill was intended so
33 that the home sat above the street in order to help with drainage from the water
34 coming from neighboring properties and City streets. Sparks noted that if all of the
35 setback requirements were applied to the lot, there would be a very small building
36 envelope of approximately 400 square feet, which would not meet the minimum size
37 standard the City has established for a home. He stated that the applicant would need
38 to replace a 54 inches of trees and to plant a vegetative upland buffer. He
39 summarized the variance criteria for consideration and stated that staff believed that
40 the request met the criteria, although the Commission may wish to discuss the matter
41 of height.
42
43 Anderson inquired about fill brought in for the 2992 Ardmore driveway.
44
1
1 Sparks replied that they didn't have a survey to calculate, but the survey showed the
2 house pad raised approximately six feet. Finke stated that the retaining wall on the
3 property was a pretty good indicator of where the original grade was located.
4
5 V. Reid inquired about the Palm Street right-of-way. She stated that from the letters,
6 neighbors use the right-of-way. She questioned what the City's position was on for
7 the use for a driveway.
8
9 Sparks stated that, if the City Council determines to allow the driveway within the
10 right-of-way, staff would recommend a license with conditions that would maintain
11 access for the public. This may include a fence or hedge in order to prevent further
12 use of the right-of-way.
13
14 V. Reid inquired if the City has ever denied an application for a variance which left a
15 lot unbuildable.
16
17 Sparks stated that he was not aware of such a case in Medina and that doing so may
18 create a concern of a taking.
19
20 Nolan inquired if the City would be interested in vacating the right-of-way, as it
21 seems it would increase the buildable property.
22
23 Sparks stated that staff did discuss this matter and wanted to maintain the right -of -
24 way for various purposes, including maintaining access for the public and the City to
25 Lake Ardmore and the stream connecting to Lake Independence. Finke added that
26 there was a potential for the right-of-way to be used for stormwater management
27 when streets are reconstructed in the neighborhood.
28
29 Martin inquired how many variances were required. Sparks stated that there were 4.
30
31 Martin inquired if there were other variances in the neighborhood.
32
33 Sparks stated that the nearest that staff could find in the files was the property three to
34 the north which were very similar to what is being requested in this case. He noted
35 that there are large numbers of variances on other streets in Independence Beach for
36 additions and reconstructions, and that many of the other existing homes would be
37 considered non -conforming.
38
39 Martin inquired about the criteria related to whether the variance is consistent with
40 the Comprehensive Plan.
41
42 Sparks stated that the use of the property as a single-family home is consistent with
43 the Comp Plan. He also noted that the City will require compliance with its
44 environmental ordinances, which maintains consistency with the Comp Plan.
45
2
1 Martin inquired what the minimum required size of home by building and zoning
2 code. She said she is struggling to balance the extent of the variances against the
3 minimum which is required to be constructed.
4
5 Sparks replied that the minimum is a house that is 24x24 with habitable space at least
6 550 square feet. A garage of 440 square feet is also required.
7
8 Jacob Moser stated that he has owned the property for 7 years. He wanted to place a
9 house that is similar to other house in the neighborhood and meets their needs.
10
11 Public Hearing opened at 7:57 p.m.
12
13 Dave Raskob (2864 Ardmore, builder working with applicant) stated that he has lived
14 in the neighborhood for 27 years and built 7 homes. He stated that Mr. Moser owns
15 and pays taxes on one of the largest lots in the neighborhood. They have worked with
16 staff and changed plans a number of times in order to create a modest footprint that is
17 well within the hardcover allowances. He believes 90% of homes in the
18 neighborhood wouldn't be buildable without a variance. The house was pushed to the
19 south in order to improve drainage from Balsam on the north. The house has to be
20 raised in order to accommodate all the drainage from the neighbors. He stated that
21 the side -load garage limits the width of the house and improves the aesthetics. He
22 noted that there are five other homes in the neighborhood that utilize right-of-way for
23 driveways. He believes the use is reasonable and would be a benefit the
24 neighborhood and that it is in character with the neighborhood.
25
26 Brian McCool (lawyer representing Don and Stacy Brown 2935 Ardmore) stated that
27 he had provided a written letter to the Commission a month ago. He stated that his
28 clients are not opposed to the Mr. Moser using the property, but that this is too much.
29 The variances requested are far beyond the minimum required. The combination of
30 height and location from the street would make it the most imposing structure in the
31 neighborhood. The fill exacerbates the height issue because height is measured from
32 the grade. He noted that the property is different than others along Lake Ardmore
33 because of the wetlands. City ordinances require that, on average, houses should be
34 50 feet from the wetland. Instead, this proposal places the whole house within 35 feet
35 of the wetland. He stated that the hardcover calculations being used by staff do not
36 consider the driveway in the right-of-way He noted that staff's mention of the
37 variance at 2992 Ardmore is not relevant because there is no such thing has precedent
38 in variances. He also noted that 2992 Ardmore is much different as it sits on the dead
39 end and there is no wetland before reaching the lake. He stated that, in his opinion,
40 the City would not be open to a takings claim, because the applicant could request,
41 and the City could approve, of a much smaller house.
42
43 Nolan stated that there are 400 square feet, so some degree of variance or variances
44 almost have to be granted. He inquired that, if that were the case, what the variances
45 would McCool's clients prefer. Would they prefer pushing the house closer to the
46 lake to increase the distance from the street?
3
1
2 Stacy Brown (2935 Ardmore) stated that she believed the three car garage is
3 excessive and the height of house after the fill is excessive. Ardmore is the prettiest
4 street in the neighborhood. What is being proposed feels like Plymouth and
5 Woodbury.
6
7 Martin stated that she questioned earlier whether the City should consider the
8 minimum building size allowable, or if the City should place more consideration with
9 similar homes in the neighborhood. She asked McCool for a citation on the matter.
10
11 McCool stated that he did not have a citation but that there is substantial case law
12 which gives cities latitude in how they weigh the reasonableness of the use against
13 minimum standards and neighborhood standards. It is his and his clients' contention
14 that the extent of the variances in this case is unreasonable and he believes the City
15 would be safe to make such findings.
16
17 Jim Leviton (2945 Ardmore) presented a powerpoint presentation, which was
18 provided for the record. He stated the lot was purchased for only $40,000 and that the
19 applicant should have known it was unbuildable. The setbacks were the same in
20 2006. He stated that the things the applicant is requesting are unreasonable: the
21 applicant is requesting 4 variances; he wants to bring in 500 cubic yards of fill and cut
22 down 10 of the largest trees; he wants to use the unopened right-of-way for part of his
23 improvements. Leviton noted that water from the neighborhood runs onto this
24 property and is filtered before running into Lake Ardmore, and from there to Lake
25 Independence. He does not believe the first criteria for a variance has been met,
26 because it is contrary to the spirit and intent of the Comp Plan's goals to protect
27 natural resources and the natural environment. He stated that the requested variances
28 are not the minimum and granting them would confer special privileges. The
29 applicant has caused the need for the variances because he wants a big house with a
30 three -car garage. He believes the applicant has created the need for the variance by
31 requesting too large of a house. He believes that the house is like a billboard which
32 would negative impact the neighborhood. He stated that the proposed house would
33 negatively impact the visual characteristics, it would sits on higher ground, would
34 blocks the path down to the lake, and would sit closer to the road than any other in the
35 area. He concurred with McCool that the variance at 2992 Ardmore is not relevant
36 and noted that the League of Minnesota Cities states that previous variances should
37 not be used as precedent. He stated that it is the wrong house on the wrong lot.
38
39 Stacy Brown stated that she uses the right-of-way in order to drag a canoe down to
40 Lake Ardmore and to ice skate. There are houses next door to the north that sit lower
41 than the street, so she feels the fill is unnecessary. She noted that Lake Ardmore is
42 impaired and adding more hardcover to it is a negative.
43
44 Andy Sooney — 2942 Ardmore — stated that run-off runs from the neighborhood flows
45 down the Palm Street right-of-way. The fill is concerning because it might push
4
1 water onto his property. He also noted that the Palm Street right-of-way is the only
2 access to the stream and wondered if the City would be able to get machinery in.
3
4 Public Hearing closed at 8:45 p.m.
5
6 Martin stated that her initial thought was to not recommend approval of the variance
7 as presented. The comments from staff related to grading put her at ease that the
8 proposal is consistent with the Com Plan. She believes the size of the house leads to
9 need for some of the variances. With regards to the character of the neighborhood,
10 she believes the three car garage is out of character.
11
12 Foote stated that the Commission was coming really close to house design. He stated
13 that he agreed with Martin that a smaller house likely makes more sense. He stated
14 that he was bothered by the use of the right-of-way. Foote stated that he thinks the
15 house would fit the character of the neighborhood.
16
17 V. Reid stated that she was concerned with the setback from the street. She believes
18 the house is too large. She stated that she was not as bothered by the use of the Palm
19 Street right-of-way. She said it is important to consider the fact that the land takes
20 everyone else's water, but she is always a proponent of limiting grading and reducing
21 the amount of fill.
22
23 Anderson stated that the property does have to handle a lot of other people's water,
24 which is not the applicant's fault, so some fill it reasonable. He stated that he would
25 recommend reducing the size of proposed house in order to reduce the variances.
26
27 Nolan stated he generally concurs with his colleagues. He stated that the easiest thing
28 to reduce would be the three car garage. He stated that he has no concern with the
29 use of the right-of-way for a driveway. He tends to be an advocate of hiding garage
30 doors, but noted that the interests of the neighborhood and the City have to be
31 protected in the license. He stated that the grading is a benefit and that it is not the
32 applicant's fault that everyone else's water comes into this lot. The combination of
33 the proximity to the street, the fill, and the height of the house seems to be the major
34 issue. He suggested that perhaps alternatives would be to bring in the fill and build a
35 one-story walk -out; or to not bring in the fill and build a two-story. He stated that he
36 believed the buffer width is more important than the setback from the buffer. He
37 noted that some people seemed to be quoting the minimum house size of 550 square
38 feet with a 440 square foot garage, but he believes a very small structure such as this
39 would be much more out of the essential character of the neighborhood.
40
41 Martin stated that she had two concerns with the right-of-way use. First, she feels
42 that the applicant proposes to "hog" the right-of-way but pushing the driveway to the
43 very middle. She noted that the driveway would not even meet setbacks if the City
44 were to vacate the right-of-way. She was also concerned about the applicant having
45 no alternative if the City wished to revoke the license for use of the right-of-way.
46
5
1 Nolan stated that he believed it appeared that all five Commissioners were likely to
2 vote for a recommendation to deny the variance as it was being presented. He noted
3 that the City Council rarely goes against a unanimous Commission recommendation.
4 He inquired if the applicant was interested in taking the feedback from the
5 Commission and updating the plans and
6
7 Motion by V. Reid, seconded by Martin, to table the Variance Request. Motion
8 carried unanimously (Absent: R. Reid and Williams).
9
10 4. Adjourn
11
12 Motion by V. Reid, seconded by Anderson, to adjourn at 9:24 p.m. Motion
13 carried unanimously. (Absent: Williams)
6
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231 .2561 planners@nacplanning.corr
PLANNING REPORT
TO:
Medina Planning Commission
Scott Johnson, City Administrator
FROM: Nate Sparks
DATE: November 8, 2012
RE: Medina — Fields of Medina West Preliminary Plat & Rezoning
CITY FILE: L-12-093
Application Date: September 21, 2012
Review Deadline: January 19, 2013
BACKGROUND / SUMMARY OF REQUEST
Mattamy Homes and RPC Medina, LLC have requested a Preliminary Plat and Rezoning for a
residential subdivision on 22.86 acres immediately west of the Fields of Medina on Meander
Road. The site is proposed to be rezoned to R-2, Two -Family Residential. The preliminary plat
is proposed to include 65 single family houses with 3.11 net acres of parkland. The proposed
density of the subdivision is 3.5 units per acre.
SUBJECT SITE
The property is currently used for agricultural purposes. There are two wetlands located on the
property and a wooded area of approximately 2 acres in the northwest corner. An aerial of the
site can be found at the top of the following page.
COMPREHENSIVE PLAN & ZONING
The property is guided Medium Density Residential and requires a net density of 3.5-6.99 units
per acre. This land use was changed from Mixed Use to Medium Density Residential at the end
of 2010 at the request of the property owner. The proposed subdivision results in a density of
3.51 units per acre, which meets minimum standards of the land use designation.
The site is currently zoned Rural Residential -Urban Reserve and is proposed to be rezoned to R-
2, Two Family Residential. The R-2 District allows for smaller lot single family residential and
duplexes and is intended to implement the Medium Density Residential land use designation in
the Comprehensive Plan.
"
P R E L I M I N A R Y P L A T &