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HomeMy WebLinkAboutPlanning Commission Minutes 08-17-2016Approved Minutes Planning Commission Meeting August 17, 2016 MEMBERS PRESENT: Chair James Davis, Commissioners Marc Anderson, Gary Goldetsky, Donovan Saba, Julie Witt and David Witte MEMBERS ABSENT: Jim Kovach STAFF PRESENT: Planning Manager Barb Thomson, Senior Planner Marie Darling and Senior Planner Shawn Drill OTHERS PRESENT: 1. CALL TO ORDER -7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3.PUBLIC FORUM 4.APPROVAL OF AGENDA MOTION by Commissioner Goldetsky, seconded by Commissioner Anderson, to approve the August 17, 2016 Planning Commission Agenda. Vote. 6Ayes. MOTION approved. 5.CONSENT AGENDA A.APPROVAL OF THE AUGUST 3, 2016 PLANNING COMMISSION MEETING MINUTES B.BOYER BUILDING CORP. (2016061) (This item was removed from the consent agendaby Commissioner Goldetsky and renumbered Item 6A.) Approve a variance to allow a 4.8-foot side yard setback where 10 feet is specified for property located at 10524 South Shore Drive. MOTION by Commissioner Witt, seconded by Commissioner Witte, to approve the consent agenda. Vote. 6 Ayes. MOTION approved. 6.NEW BUSINESS Approved Minutes 1 of 7 Meeting of August 17, 2016 A.BOYER BUILDING CORP. (2016061) Chair Davis introduced the request by Boyer Building Corp. for a variance to allow a 4.8-foot side yard setback where 10 feet is specified for property located at 10524 South Shore Drive. Senior Planner Drill gave an overview of the staff report. Commissioner Goldetsky stated there is no documentation regarding the stairway and the options available for lift systems. He asked if there are interior dimensions of properties in the area that staff may have knowledge of or why there is no statement from a vendor that a lift system couldn't be utilized. Senior Planner Drill replied that the applicant has stated that this home has three levels above grade, and the stairways between the different levels do not line up as they are on opposite sides of the home and that is why the chairlift system would not be an option. Commissioner Witte asked if the front of the home faces the lake or the street. Senior Planner Drill replied that the front yard is the street side as defined by ordinance, and the lake area would be considered the rear yard. Commissioner Witte asked if the locate for the improvements was done at the time of the certificate of survey or whether they were sketched in after the fact. Senior Planner Drill replied that the home is correct on the survey with the exception of an addition. Chair Davis introduced Bob Boyer, representing the applicant, who stated that this request is to build an elevator shaft on the side of the property as indicated on the survey. He stated that the elevator shaft will be six feet by six feet. He stated that there is a porch in the front, a garage on the other side and a porch and deck on the back of the home which would eliminate those locations as options. He stated that in the proposed location, the elevator could access each floor without having to do significant renovations to the home. Commissioner Goldetsky stated that he has seen all signature sizes of lift systems and asked if there has been discussion with a vendor that carries a full range of signature items where a variance would not be needed. Mr. Boyer stated that the only other possible solution would be a typical stair lift that would take the homeowner from one level to another and noted that because the stairways do not align they would need multiple lifts. He stated that because of age and mobility, if the homeowner ends up in a wheel chair, the stair lift would not be a possibility. He noted that the homeowner lives alone and does not have someone to help him and needs access to each level of the home as the homeowner's bedroom and home office are on the third level of the home. Approved Minutes 2 of 7 Meeting of August 17, 2016 MOTION by Commissioner Goldetsky, seconded by Commissioner Anderson, to recommend approval of the request by Boyer Building Corp. for a variance to allow a 4.8-foot side yard setback where 10 feet is specified for property located at 10524 South Shore Drive. Vote. 6 Ayes. MOTION approved. 7.PUBLIC HEARINGS A.ST. BARNABAS LUTHERAN CHURCH (2016037) Chair Davis introduced the request by St. Barnabas Lutheran Church for a rezoning and PUD general plan for a residential hospice facility for property located at 15600 and 15530 Old Rockford Road. Senior Planner Darling gave an overview of the staff report. Commissioner Witte stated that in the applicant's narrative there is discussion regarding the ability to accommodate trucks and emergency vehicles. He asked if the emergency vehicles would be operating sirens or simply transporting patients. Senior Planner Darling replied that the arrivals and departures are rarely emergencies, and therefore the amount of sirens is more limited than what a hospital would have. Commissioner Saba asked and received confirmation that the combination of parking between the existing church and the proposed facility would meet city requirements for parking. Chair Davis introduced Pastor Wayne Peterson, representing the applicant, who stated he is the pastor of the church and president of Jordan Crossing, noting that while the organizations are working together, they are totally separate. He explained that the congregation has nothing to do with the hospice, and Jordan Crossing would be leasing the land from the church and would be building and operating the facility. Commissioner Witt asked what would happen if the congregation decided to sell in the future. Pastor Peterson stated that the congregation and Jordan Crossing have entered into a 20-year lease. He explained that the congregation would never want to be in a position to buy the property back again in the future and would continue to own the property and lease it to Jordan Crossing. He stated that there would be a shared parking agreement that would allow the church to share parking with the hospice site on occasions such as Easter and Christmas. He stated that the lease is written in a way that the building would revert to the ownership of the congregation if the hospice were not to continue. Commissioner Saba asked if the lower level of the building would be used for youth purposes. Pastor Peterson stated that when families gather to say goodbye to loved ones, it can be a stressful time, and there will be a space on the lower level with games and video games for children, which will allow them to have some space while the remainder of the family handles the other matters. Approved Minutes 3 of 7 Meeting of August 17, 2016 Chair Davis opened the public hearing. Chair Davis introduced Patricia Zalaznik, 15655 40th Avenue North, who stated that she is not a member of the church. She stated that she is in support of the request for the hospice facility. She provided a historical background and her professional experience in the field of death and dying. She asked that the commission support this request as she believes that this will be a great addition to the community, noting her appreciation for the vision and floorplan design. She stated that families would be able to visit 24 hours per day, seven days per week and even allowing a family member to stay overnight, which is beneficial not only for the person in hospice, but also for the family. Chair Davis introduced Elliott Axelrod, 4165 Polaris Lane, who asked if there could be clarification regarding the zoning and the rights that would be given to the church in the case where the hospice does not work out. He asked what flexibility the church would have to fill that space, and what could potentially be in that space should the hospice stop after ten years. Chair Davis closed the public hearing. Senior Planner Darling stated that the allowable uses proposed under this PUD would be a religious institution, memorial garden, daycare/Montessori school, and residential hospice. She noted that there is already a memorial garden on the site and the church also received approval for a daycare/Montessori school. She stated if the church wanted to pursue an alternate use, they would need to come back before the commission and make that request through another public hearing. MOTION by Commissioner Witt, seconded by Commissioner Witte, to recommend approval of the request by St. Barnabas Lutheran Church for a rezoning and PUD general plan for a residential hospice facility for property located at 15600 and 15530 Old Rockford Road. Vote. 6 Ayes. MOTION approved. B.LAKEVIEW DEVELOPMENT CO. LLC. (2016058) Chair Davis introduced the request by Lakeview Development Co. LLC for a rezoning and preliminary plat for "Sands/Bartus" for property located at 18100 and 183 20 County Road 4 7. Senior Planner Darling gave an overview of the staff report. Commissioner Anderson referenced the County Road 47 realignment, stating that the county has indicated they do not have funds to complete the project, asking if there are updates on the alignment timeline or whether this would be hypothetical. Senior Planner Darling stated that although the project is not slated at this time, the City still collects the necessary right-of-way when development applications come forward to ensure that the roadway project could move forward in the future. Approved Minutes 4 of 7 Meeting of August 17, 2016 Commissioner Anderson stated that the road is going to be straightened out and asked what that would do to the speed limit, noting that there is an elementary school around the bend on the south side of County Road 4 7 with one access point. City Engineer Renneberg replied that the current speed limit in this area is 45 mph and stated that the speed limit would remain at 45 mph. He explained that speed limits are set by the State, noting that the City could request the State to complete an analysis of the speed limit but the State could always determine that the road could support higher speeds. He stated that a school zone would lower the speed limit in the area close to the school. Commissioner Anderson asked what would happen with the land on the south side of the realignment. City Engineer Renneberg stated that is a City-owned parcel that the City acquired to allow for different alignment options for the intersection, which is currently proposed for 2018. He noted that staff could ask for that project to move forward in 2017 should this project move forward. Chair Davis introduced Dave Gonyea, representing the applicant, who stated that he is present to answer any questions. He referenced the concern mentioned regarding the sewer depths from the property owner to the west, noting that the depth could be increased three to four feet if desired. He stated they were attempting to stay out of the depth zone where the City would contribute. He stated that some of the property owners to the east were concerned with possible runoff and provided a comparison of the current runoff rates to those proposed under this project. Chair Davis opened the public hearing. Chair Davis introduced Peter Tarasar, 17965 62nd Avenue North, Maple Grove, who asked if the hill would be shaved down at all as part of this project, noting that he and his neighbors would prefer that. He stated that there are beautiful oak trees on the site that he would like to see preserved. Chair Davis introduced Gary Swoverland, 6205 Shady View Lane North, who stated that there is a slope that goes into the wetland area and pond and stated that there is already a large amount of runoff that goes into the retention area from the existing development. He said he hoped that when developed, people would not be able to damage the pond and surrounding trees as that is a nice area for nature. He stated that this is a nice area behind the townhomes, and he would like to see a nice product. Chair Davis introduced Tom McConn, 18550 County Road 47, who thanked the planning team for making themselves available to assist him and provide him with direction. He stated that he hired an engineer to look at his property and had wondered when the sewer and water would come to his area. He stated his concern would be that the sewer for this project be deep enough to allow development of his parcel. He stated that his engineers have stated that the depths for sewer as proposed would be sufficient to allow him to connect and noted that the staff report also states that the sub street and sewer depth proposed are acceptable in concept. He noted that if he is going to develop, he wants to move forward on that sooner rather than later. He stated that he would want to ensure that the sewer depths for this project would be sufficient to allow his Approved Minutes 5 of 7 Meeting of August 17, 2016 connection. He asked if the question of the depth of the sewer coming into his property is not clear as it relates to future development of his property that the Planning Commission not take any action on this plat request tonight. He asked if it would be suitable for a development to have just one access point for traffic flow and emergency vehicle access if there are 21 units on the Bartus property. He asked whether an additional access point onto County Road 47 or additional tum lane would be allowed and/or necessary if his property develops and who would be responsible for that cost. He also asked for information on the availability of wetland credits and the cost. Chair Davis introduced Len Luedke, 17910 County Road 47, who asked if the sewer and water would come off of Lawndale as there is sewer and water at that location. He suggested that an alternate drainage solution be proposed rather than using pond number four, noting that he has trust issues as delineations and other activities have been done on their property without his permission. He described the path the runoff currently takes. He suggested that a portion of the development drain into the ditch off County Road 4 7. He referenced the tree summary and stated that 717 inches of trees have been removed, noting that large trees were cut from his property. He noted that additional trees under eight inches were also removed that were not shown on the summary. He stated that trees and crops consume water and therefore with less trees and crops, there will be additional runoff from the site. He stated that the replacement trees will not be planted in the same location and therefore there will be less opportunity for water to be consumed before it would runoff onto his property. He referenced a shallow ditch along County Road 47 that currently dries up at times during the year. He said he was concerned that the ditch would never be shallow if the pond has scheduled releases. He stated that he is not attempting to deter the development, but asked that the application be delayed until a satisfactory drainage plan can be achieved. Chair Davis closed the public hearing. Mr. Gonyea stated that the roads would most likely be a few feet above the existing grade while the backyards would be a few feet below the existing grade because of the walkout design. He stated that the hill in the center of the site will be graded down for the walkout design. He stated that there will be a group of custom builders for the site and they will be above the Lennar standard. He stated that the 100-year rain event has been increased since the existing townhomes in that area were developed and therefore the runoff would need to be managed at a higher rate. He stated that for the most part the regulations have been strengthened regarding runoff, wetlands and buffers. He stated that most of the wetlands near the property are on an adjacent site. He stated that the pond and trees surrounding the pond are on the adjacent parcel as well in Maple Grove and therefore they would not be touching that. Planning Manager Thomson stated that nothing would be approved tonight, explaining that the commission's job is to make a recommendation to the City Council. Mr. Gonyea provided additional details on the sewer connections proposed. He stated that he would be willing to accommodate deeper sewer if desired. Approved Minutes 6 of 7 Meeting of August 17, 2016 Planning Manager Thomson stated that this item is not slated to move forward to the City Council until September 131\ and therefore that would allow time for the determination to be made regarding the sewer depth. Mr. Gonyea provided additional information on the drainage proposed, noting that they did follow the regulations of the watershed. City Engineer Renneberg noted that more detailed drainage review will be done after preliminary plat approval. Mr. Gonyea stated that they would be amenable to alternate drainage if desired. Planning Manager Thomson stated the need for a tum lane for the development of the adjacent property would be determined when that property develops, and this property would not be responsible for that tum lane. Senior Planner Darling provided additional information on access points, noting that future connections will be provided should adjacent properties develop. Planning Manager Thomson stated that the City does not have information on wetland credits or their availability. Commissioner Anderson asked if there are any impacts to the wetlands that would require mitigation on this site. Senior Planner Darling replied that there is proposed wetland impact where the street would connect to the adjacent property. She stated that on-site mitigation would be an option but wetland credits are often the more beneficial. She stated that the wetland mitigation plan would be reviewed at the time of final plat. Commissioner Anderson noted that a majority of comments received tonight would be more appropriately discussed at the time of final plat. MOTION by Commissioner Anderson, seconded by Commissioner Goldetsky, to recommend approval of the request by Lakeview Development Co. LLC for a rezoning and preliminary plat for "Sands/Bartus" for property located at 18100 and 18320 County Road 4 7. Vote. 6 Ayes. MOTION approved. 8.ADJOURNMENT MOTION by Chair Davis, with no objection, to adjourn the meeting at 8:47 P.M. Approved Minutes 7 of 7 Meeting of August 17, 2016