Planning Commission Minutes

August 2, 2007 - 7:00 p.m.

City Hall Council Chambers

1. Call to Order and Flag Pledge.

Commission Chair Vince Johnson called the meeting to order.

2. Roll Call.

Chair Vince Johnson and Commissioners Randy Dahlheimer, Steve Fowler, Bob O’Brien, and Kevin Faulds were present as was City Planner Erin Stwora, Assistant City Planner Mike Elhard and City Engineer Mark Hanson. City Council Liaison Scott Hoke was absent.

3. Approval of the Agenda.

The agenda was approved by consensus.

4. Open Forum.

Chair Johnson opened the open forum.

No one came forward for open forum.

Chair Johnson closed the open forum.

5. City Council Update.

Council Liaison Hoke was absent. Planner Stwora provided the update.

6. Consent Agenda.

A. Approval of the May 3, 2007 Planning Commission meeting minutes.

Motion to approve by Commissioner O’Brien, seconded by Commissioner Fowler, All ayes.

Planner Stwora provided an overview of the process that would be used for the public hearings of Crow River Bluffs of Dayton, Madsens Manor, Reeds Addition to Dayton Highlands, and City Water Tower and Well Site.

7. Crow River Bluffs of Dayton

Planner Stwora presented an overview of the project.

Engineer Hanson presented an overview of engineering related topics. Hennepin County provided documentation stating the access to the development would need to be realigned to accommodate site distances. Sanitary sewer improvements would connect to existing system in the historic village. Connection charges would be the same as the historic village with inflation. The utilities that would serve Crow River Bluffs could be constructed to follow the ultimate plan or to only serve Crow River Bluffs. The developer previously stated they would be interested in only serving Crow River Bluffs. Engineer Hanson stated the system would need to be upgraded at a later date. Staff recommends to build to the ultimate plan. The water service to the development would be the same well serving the historic village. Engineer Hanson stated there is not adequate pressure for fire protection and there is no backup well. Stormwater would be contained in the existing ponding area in addition to another ponding area proposed then into the river.

Commissioner Fowler questioned the size of the water main used. Engineer Hanson stated the development proposed an eight inch water main though the ultimate plan would require a twelve inch water main.

Chair Johnson opened the public hearing.

Mr. Tom Osfar of 14870 Brockton Lane, questioned why a PUD (Planned Unit Development) would be needed. Mr. Osfar stated the land is zoned for large lots and stated that at a Comprehensive Plan meeting the overall consensus of residents was to maintain to rural atmosphere. Mr. Osfar feels this development does not fit into that vision. Mr. Osfar stated Brockton Lane has many private driveways and is not a safe road as it currently is with current traffic levels.

Planner Stwora stated the developers proposed Crow River Bluffs in accordance with the current Comprehensive Plan which indicates the land is guided for moderate density residential which is 6-12 units per acre. Planner Stwora clarified the difference between the current zoning of the property (A-1, agricultural) and the property is guided for moderate density residential according to the current Comprehensive Plan.

Mr. Dean Soltis of 15355 and 15555 Brockton Lane stated he was originally in agreement with the development. Mr. Soltis stated that in meetings with Tom and Doug at Tom’s house they had planned to build a development that would make Dayton proud. Mr. Soltis states the concept has changed and the values of the townhomes have dropped. Mr. Soltis stated he would prefer properties of higher quality and higher value be built to differ from Champlin, Rogers, and Otsego. Mr. Soltis states this development will be the first in the area and will set a precedent for the city. Mr. Soltis states he is happy to see the city grow and favors development.

Ms. Bernie Kemp of 15281 Brockton Lane wants to state she submitted a letter to the Planning Commission.

Ms. Amy Bone of 18521 Dayton Street stated that she would prefer Dayton to remain rural although she understands that development will occur. She feels the moderate density development feels packed in and will take away from the scenic beauty of the area. Ms. Bone stated she is concerned about opening the door to other developments.

Mr. Jerry Van De Crommert of 18680 152^nd Avenue North stated he would like the area to retain its rural atmosphere. Mr. Van De Crommert stated he is concerned about the safety on Brockton Lane and the conditions the added vehicles on the road will have. Mr. Van De Crommert stated he would prefer a development of lesser density and would make a more aseptically pleasing development.

Engineer Hanson stated the County has jurisdiction on Brockton Lane regarding driveway access. The County has stated the access to Crow River Bluffs should be revised and the Right-of-Way is in compliance. Engineer Hanson stated the State conducts speed studies which determine the speed limit of the road. Engineer Hanson stated the county does not have plans to improve Brockton Lane but does require turn lanes into the development.

Chair Johnson closes the public hearing.

Commissioner Fowler stated the handout is different from the packet material.

Commissioner Fowler questioned if the handout included the same number of units. Steve Boynton of Platinum Development stated the number of units remained the same. Mr. Boynton stated he felt the plan presented is on land guided for 6-12 units per acre and felt the importance to preserve open space and not approach the 6-12 units per acre product. Mr. Boynton stated the density is 2.5 units per acre which is common in the metropolitan area. Mr. Boynton states 26% of the land is open space. Mr. Boynton stated the aim of the project was to minimize the density. Mr. Boynton stated the handout was revised to address the letter from Hennepin County regarding access on Brockton Lane and some units have been shifted to accommodate the new access point.

Chair Johnson questioned why the home values are less than what was presented at the previous planning commission meeting with Platinum Development. Mr. Boynton stated the lots for the single family homes will be sold to builders and the townhomes will be built by Platinum Development at a price point from $225,000-$275,000. Mr. Boynton stated he does not believe the market in the area would support a $400,000 townhome unit.

Planner Stwora questioned if the townhomes were slab on grade units. Mr. Boynton stated the units facing the pond would be walkout units and the units along the road would have full basements, slab on grade, or lookouts.

Commissioner Fowler questioned how standards would be controlled with other builders constructing the single family units. Mr. Boynton stated declarations would be submitted which would specify exterior requirements and guiding principles the City is looking for.

Commissioner O’Brien stated Platinum Development presented upscale multiple unit dwellings not row homes which all look alike. Commissioner O’Brien stated many residents do not the City to look like Champlin or Rogers where every home looks alike. Commissioner O’Brien questioned what had changed since the previous meeting. Mr. Boynton stated Platinum Development is forced to build the units. Mr. Boynton stated Platinum Development will work on the product and what will accommodate the site as well as the exteriors.

Commissioner O’Brien questioned the width of the private road. Planner Stwora stated it was 24 feet. The setback from the driveway will be 25 feet and the width of the driveway will be 24 foot widths for each unit. Planner Stwora stated Platinum Development is willing to look at other options. Planner Stwora questioned if the Planning Commission was in favor of row homes.

Mr. Boynton stated the intent was to mix the styles of the row homes

Commissioner Faulds stated he does not like the crowded row home houses. Commissioner Faulds stated he had recently visited many similar style homes in surrounding communities and has become more familiar with row homes. Commissioner Faulds questioned the width of the single family lots. Planner Stwora and Commissioner Fowler stated the lots were 65’ wide. Commissioner Faulds questioned the width of Tom Dehn’s lots in Natures Crossing. Planner Stwora stated the widths vary and lot sizes are shrinking because of land prices and innovative home styles. Commissioner Faulds stated he is in favor of the single family homes proposed but remains against the row homes and stated safety concerns with Brockton Lane.

Planner Stwora questioned the Planning Commission for a consensus on the row home product proposed for Crow River Bluffs. Commissioner O’Brien stated he did not like the row home product and questioned where snow would be put in the winter. Planner Stwora stated the snow would be moved offsite. Commissioner O’Brien stated he did not like slab homes and many in surrounding communities became rental properties. Commissioner Faulds stated if the products were slab homes it could be executed well. Planner Stwora noted the instances of severe weather and the need for a safe room. Mr. Boynton stated all row homes would have a basement.

Commissioner Fowler questioned the front and back yard space. Commissioner Fowler stated it would be difficult to entertain a child in the small yard space near the row homes. Commissioner Fowler stated the single family units on the west near the river should be in compliance with the shoreland ordinance.

Planner Stwora asked the Planning Commission for a consensus on the row homes. The consensus was the row homes were not favorable to the Planning Commission. Planner Stwora asked if the developer would be interested in a twin home product. Mr. Boynton stated the density would fall below 2.0 units per acre and further discussions would need to take place. Commissioner Fowler questioned if the outlots were included in the density calculations. Planner Stwora stated the outlots, right-of-ways and wetlands are not calculated in compliance with Met Council guidelines. Commissioner Fowler questioned the frontage along Brockton Lane. Mr. John Becker stated the frontage is 902 feet.

Planner Stwora questioned the Planning Commission for a consensus regarding the Shoreland Ordinance conflict with the City’s current Comprehensive Plan. Commissioner Fowler stated 65 foot width lots are significantly different from the required 150 foot width lots. Mr. Boynton stated the land is guided for 6-12 units per acre though the shoreland ordinance required 150 foot lot widths resulting in 6 buildable lots. Mr. Boynton states the proposed development followed the current Comprehensive Plan not the shoreland ordinance. Commissioner Faulds stated each development should be handled on a case by case basis regarding overlay districts.

Commissioner Fowler questioned where stormwater would run into. Engineer Hanson stated the stormwater would run into the proposed pond in the open space. Commissioner Fowler questioned if any run off would go to the man made pond nearest Brockton Lane. Engineer Hanson stated run off from the multiple dwelling units would run into the man made pond as it current does today. Engineer Hanson stated an outlet would run from the manmade pond to the proposed pond in the open space. Commissioner Fowler questioned if there would be room for a rain garden. Engineer Hanson stated he did not believe there would be room for a rain garden. Commissioner Fowler questioned the discharge from the proposed pond. Engineer Hanson stated it was a current concern but work with the watershed district and the DNR would be needed. Commissioner Fowler questioned who would maintain the two ponds in the proposed development. Engineer Hanson stated the homeowners association would be responsible for maintaining the ponds.

Commissioner Fowler questioned whether the Fire Marshall has had time to review the proposal regarding the private drive widths. Planner Stwora stated she had not received comments from the Fire Marshall.

Commissioner O’Brien questioned the cost of the lift station for the ultimate plan. Engineer Hanson stated the difference in cost between the proposed lift station to serve only Crow River Bluffs and the ultimate plan was $150,000. Engineer Hanson stated the force main to serve Crow River Bluffs would be 4-6 inches and the ultimate plan would require an 8-10 inch force main. Engineer Hanson stated all land to 152^nd Avenue North and south would drain to the proposed lift station depending on size. Commissioner O’Brien questioned whether it was worth constructing a lift station to only serve Crow River Bluffs and replacing it several years later to accommodate the ultimate plan when additional development occurs. Commissioner Faulds questioned how the current system would operate should a fire occur. Engineer Hanson and Planner Stwora stated the Fire Department would rely on their trucks and the river.

Commissioner Faulds questioned what was included in the proposed playground. Mr. Sjordahl stated the proposed playground would be a single element design. Planner Stwora stated the typical townhome buyer often had small children and playground is a valuable amenity in addition to the gazebo, ponds, and trails to the development. Mr. Sjordahl stated the design was creating a neighborhood with a mix of housing types.

Mr. Boynton stated he would prefer a tree inventory be considered in areas the development intends to impact. Mr. Boynton stated there are no plans to impact the bluff area. Mr. Boynton stated he would prefer to identify the hardwood and softwood trees. Planner Stwora stated the City has adopted a tree ordinance. Planner Stwora stated staff would recommend utilizing Bonestroo’s natural resource team during construction. Planner Stwora stated a tree inventory must be completed prior to City Council consideration.

Mr. Boynton questioned the difference between a six foot easement and a five foot easement. Engineer Hanson stated a five foot easement would be permissible.

Commissioner Fowler questioned if trails would allow a connection to the open space in the floodplain. Mr. Boynton stated it was shown on the plan as a natural resource trail. Planner Stwora stated staff is recommended the trail be widened to allow access to the lift station. Mr. Boynton stated the trail would be widened.

Planner Stwora stated the Planning Commission would be required to act on three items; preliminary plat, rezoning, and vacation of existing drainage and utility easements singularly. Commissioner Faulds questioned if any of the items would be affected if the Planning Commission was opposed to the multiple family dwelling units proposed. Planner Stwora stated rezoning could still occur because it would be the same R-6 underlying zoning district.

Chair Johnson stated to the public the Planning Commission is a volunteer commission to make recommendations and no decisions were going to be made by this commission.

Planner Stwora stated recommendation three could be eliminated because it has been resolved, recommendation nine could be changed allowing a “no-touch” or “ignore” zone, recommendation would be added stating the row homes be eliminated in favor of twin homes.

Commissioner Fowler questioned if this proposed development was ready for a recommendation and moved on to the City Council. Chair Johnson questioned if the recommendations including the elimination of the row homes into twin homes were a concern to the developers. Mr. Boynton stated many recommendations the developer does not have an issue with. Mr. Boynton stated the recommendation of eliminating the row homes is appreciated but would prefer to have the proposed development passed on to the City Council.

Planner Stwora stated the recommendations were typical and could be resolved via email in a timely fashion. Planner Stwora recommended a motion be made. Planner Stwora stated the Planning Commission shall formally add a recommendation to eliminate the row homes from the proposed development.

Motion to approve rezoning from A-1, agricultural district, to General Planned Unit Development Overlay District with R-1S district requirements and R-6 district requirements by Chair Johnson, second by Commissioner Faulds, all ayes.

Motion to approve the preliminary plat with the discussed recommendation items one through twenty four excepting number 3 and modifying number 9 and the addition of number 25 with the concensus of the planning commission to eliminate the row homes in favor of lesser development by Chair Johnson, second by Commissioner Faulds. Commissioner O’Brien questioned why the Planning Commission was accepting a preliminary plat they are not happy with. Chair Johnson withdraws his motion and Commissioner Faulds withdraws his second of the motion.

Motion to deny preliminary plat by Commissioner O’Brien. Mr. Boynton stated he would prefer a motion to approve or deny. Mr. Boynton stated he would prefer to move on to the City Council to move forward. Commissioner O’Brien stated he is denying the preliminary plat because of the row homes and a detrimental effect on neighbors. Second by Commissioner Fowler. Commissioner Faulds stated he would like to add to the recommendation removing recommendation three, rewording recommendation nine, recommendation thirteen, sixteen, and seventeen use multiple family dwelling instead of townhome, recommendation twenty two. All ayes.

Motion to approve vacation of existing drainage and utility easements by Chair Johnson, second by Commissioner Dahlheimer, all ayes.

Chair Johnson recessed the meeting for five minutes.

8. Madsens Manor

Planner Stwora presented an overview of the project.

Engineer Hanson presented an overview of engineering related topics. Engineer Hanson stated the extension of Zachary Lane would have to be in coordinated with adjacent land owners. Engineer Hanson stated the drainage would go to the golf course and back to 133^rd Avenue North. Commissioner Fowler questioned if the Zachary Lane can be constructed along with the NE Dayton project. Planner Stwora stated the developer would pay for the extension. Engineer Hanson stated it would require a change of order in the contract.

Commissioner Faulds questioned if Zachary Lane would terminate at Hayden Hills Golf Course. Engineer Hanson stated the intention of the project is to connect South Diamond Lake Road to French Lake Road if the Hayden Hills Golf Course were to subdivide.

Chair Johnson opened the public hearing.

Chair Johnson closed the public hearing.

Motion to approve preliminary plat by Commissioner O’Brien, second by Commissioner Fowler, all ayes.

Motion to approve rezoning from A-1, agriculture to R-1, residential by Commissioner O’Brien, second by Commissioner Faulds, all ayes.

9. Reeds Addition to Dayton Highlands

Planner Stwora presented an overview of the project.

Commissioner Dahlheimer questioned which utilities have easements through the property. Engineer Hanson stated sanitary sewer and trunk line will run through the property.

Commissioner Faulds questioned where drainage would occur. Ms. Reed stated the pond in the adjacent property collects water.

Chair Johnson questioned why three lots were not being created. Planner Stwora and Engineer Hanson stated the easements do not allow three lots.

Commissioner Fowler questioned the amount of fill needed. Engineer Hanson stated the grading plan included would be the elevation.

Chair Johnson opened the public hearing.

Chair Johnson closed the public hearing.

Motion to approve rezoning from R-2, residential to R-1, residential by Commissioner Faulds, second by Commissioner Dahlheimer, all ayes.

Motion to approve preliminary plat by Commissioner Faulds, second by Commissioner Dahlheimer, all ayes.

Motion to approve vacation of easements by Commissioner Faulds, second by Commissioner Dahlheimer, all ayes.

10. City Water Tower and Well Site

Planner Stwora presented an overview of the project.

Commissioner Fowler questioned the aesthetics of the water tower. Engineer Hanson stated the composite water tower is more expensive but requires less maintenance.

Commissioner Fowler questioned the height of the water tower. Engineer Hanson stated the height of the water tower is required to create pressure.

Chair Johnson opened the public hearing.

Chair Johnson closed the public hearing.

Motion to approve City Water Tower Site Administrative Subdivision by Chair Johnson, second by Commissioner Fowler, all ayes.

Motion to approve City Water Tower Site Rezoning from A-1, agriculture, to R-E, residential essential services, by Chair Johnson, second by Commissioner Fowler, all ayes.

Motion to approve City Well Site Administrative Subdivision by Chair Johnson, second by Commission O’Brien, all ayes.

Motion to approve City Well Site Rezoning from A-1, agriculture, to R-E, residential essential services, by Chair Johnson, second by Commissioner Fowler, all ayes.

11. New Business.

Future and Continued Planning Commission Agenda Items.

12. Staff Notices and Announcements.

A. The City Council meetings at which the above items may be considered will be held on August 14, 2007 and September 11, 2007.

B. The next Planning Commission meeting will be held on September 6, 2007.

13. Adjourn.

Motion to adjourn was made by Commissioner O’Brien, seconded by Chair Johnson. Ayes: All.