Planning Commission

Maple Grove Planning Commission meeting minutes April 29, 2024 Call to order A meeting of the Maple Grove Planning Commission was held at 7:00 p.m. on April 29, 2024 at the Maple Grove City Hall, Hennepin County, Minnesota. Chair Lamothe called the meeting to order at 7:00 p.m. Pledge of Allegiance Roll call Planning Commission members present were Chair Craig Lamothe, Chris Ayika, Lorie Klein, Chuck Lenthe, Michael Ostaffe, Joe Piket and Stephanie Tomlinson. Present also were Kristy Barnett, City Council Liaison; Peter Vickerman, Planning Manager; Jesse Corrow, City Planner; Joe Amerman, Economic Development Manager; and-Justin Templin, City Attorney. Items to be removed None. from the agenda Consent items The following Consent Items were presented for the Commission’s approval: MINUTES A. Regular Meeting – March 25, 2024 Motion by Commissioner Lenthe, seconded by Commissioner Ayika, to approve the Consent Items as presented. Upon call of the motion by Chair Lamothe, there were seven ayes and no nays. Motion carried. Considered of items None. pulled from consent agenda Update on city council Councilmember Barnett reviewed with the Commission what meeting items the City Council approved that was given direction at the Planning Commission level. OLD BUSINESS No items to present.  Maple Grove Planning Commission April 29, 2024 Page 2 NEW BUSINESS Public hearing Motion by Commissioner Picket, seconded by Commissioner Lenthe, to remove this item from the table. Upon call of the Arbor Lakes Business motion by Chair Lamothe, there were seven ayes and no nays. Park Building 9 Motion carried. Arbor Lakes Land Owner, Mr. Amerman stated Endeavor Development is seeking to LLC continue development of the Arbor Lakes Business Park with the Outlot A, Arbor Lakes construction of a ninth building. The proposed building is roughly Business Park 5th 198,000 square feet, and would be located directly to the east of Addition building eight, and west of the Boston Scientific location currently Planned unit under construction. It was noted the proposed increase in development concept building size does not fundamentally change the use proposed in stage plan amendment 2022, which would allow for office, industrial, and warehouse for the purpose of type uses. It would not allow for assembly type uses. The constructing a 197,964 increased flexibility allows for more options when it comes to square foot building future tenants. The building would abut I-94 to the south. Staff discussed the plans in further detail and made the following recommendation. STAFF RECOMMENDATION: Motion to recommend that the City Council direct the City Attorney to draft a resolution approving the Arbor Lakes Business Park Phase 4 Building 9 planned unit development concept stage plan amendment subject to: 1. The applicant addressing to the satisfaction of the city any remaining applicable comments contained in the memorandums from: a. The Engineering Department dated February 26, 2024 b. The Fire Department dated February 28, 2024 Discussion Commissioner Ostaffe explained two weeks ago staff had no recommendation on this item and now staff was recommending approval. He asked what changed over the past two weeks. Mr. Ammerman stated that from a land use and zoning perspective this was a viable project and warrants recommendation of Maple Grove Planning Commission April 29, 2024 Page 3 approval from staff. Commissioner Ostaffe reported this project was initially considered with a building at 197,000 square feet and 157,000 square feet. He explained the previously approved regional headquarters building that was 157,000 square feet appears to be a showroom/warehouse use. He questioned why this request was back before the Commission when previous requests for a 197,000 square feet building have been denied. Mr. Amerman reported the building size requested was a response to market demands. Commissioner Ostaffe indicated this building would be used for warehousing. He requested the applicant speak to how this space could be used for an office park. The applicant was at the meeting to answer questions. Josh Budish, Endeavor Development, thanked staff for their assistance with this project. Commissioner Ostaffe reported Building 8 was supposed to be a regional headquarters and showroom space. He understood the building was 95% warehouse and 5% office. He indicated this building would be identical where it would be almost all warehouse. He inquired if this building would only be a warehouse or would there be flex space. Mr. Budish commented there was a chance this building would be more than just a warehouse. Commissioner Lenthe asked how the sales or rental of these buildings were progressing. Mr. Budish explained he intended to construct Building 9 next year. He further discussed the leases that were in place within Buildings 1 through 8. He stated he has had tremendous success building tax base and creating jobs in Maple Grove through the Arbor Lakes Business Park. Chair Lamothe opened the public hearing at 7:18 p.m. The public was asked by Chair Lamothe if they had any comments to make regarding this application. No one wished to address the Commission. Motion by Chair Lamothe, seconded by Commissioner Ayika, to Maple Grove Planning Commission April 29, 2024 Page 4 close the public hearing at 7:19 p.m. Upon call of the motion by Chair Lamothe, there were seven ayes and no nays. Motion carried. Motion by Commissioner Lenthe, seconded by Commissioner Ayika, to recommend that the City Council direct the City Attorney to draft a resolution approving the Arbor Lakes Business Park Phase 4 Building 9 planned unit development concept stage plan amendment subject to: 1. The applicant addressing to the satisfaction of the city any remaining applicable comments contained in the memorandums from: a. The Engineering Department dated February 26, 2024 b. The Fire Department dated February 28, 2024 Commissioner Lenthe stated he has deliberated this item and staff has indicated there was room on this site to expand the building and there would be adequate parking. For this reason, he would be supporting this project. Commissioner Ayika questioned if a separate motion was required to address the size increase. City Attorney Templin reported the building size increase was included in the PUD Concept Stage Plan Amendment. Chair Lamothe stated while he understood the concerns that were raised by the Commission, he would be supporting this request. Commissioner Ostaffe reported less than a year ago the Commission said no to a 197,000 square foot building. He asked what had changed in the past year. Chair Lamothe recalled there was a concern with all of the space being used for warehousing and not having all of the other buildings occupied. He commented on how there was a blend of uses and tenants within the other buildings. He understood this building may be used only for warehousing, but this could change over time. He stated this type of building was what the market  Maple Grove Planning Commission April 29, 2024 Page 5 was demanding at this time. Upon call of the motion by Chair Lamothe, there were six ayes and one nay (Commissioner Ostaffe opposed). Motion carried. Public hearing Mr. Corrow stated the applicant is requesting conditional use permit for the purpose of installing a 20-foot tall section of 7690 Urbandale Lane protective netting in the back yard of their property located at North 7690 Urbandale Lane North. The net and post system would Dean Hoff provide protection from golf balls landing on the property. The Conditional use permit home is located in The Woods at Rush Creek neighborhood and for the purpose of backs up to the driving range at the Rush Creek Golf Course. The installing 65 foot section property regularly sees golf balls landing in the yard with several of protective netting in hitting the house each year. As a remedy, the applicant would like the backyard that would to install the 65-foot section of protective netting supported by reach a height of 20 feet five removable aluminum posts in the back yard. The mesh netting is transparent and the system is specifically designed to stop golf balls in flight. The netting can be raised and lowered and the supporting poles are capable of being removed from their in- ground sleeves. Maple Grove fence standards found in city code limits the height of residential fences to six feet. City code also allows for special purpose fences, which permits variations in height and material with the approval of a conditional use permit, as described below: Sec. 36-816. Fences. (e) Special purpose fences. Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the city by issuance of a conditional use permit approved by the planning commission and city council. Findings shall be made that the fence is necessary to protect, buffer or improve the premises for which the fence is intended. Mr. Corrow explained this proposal was reviewed by the Woods at Rush Creek Neighborhood Association and received approval. At the time of writing this report, staff has not received comments from the neighboring property owners. Staff feels the request satisfies the findings noted in city code and is supportive of the conditional use permit. While the fence offers protection to the property during the golf season, it will not serve a purpose in the off season. Thus, staff has added a condition of approval that the protective netting and poles are only to be installed Maple Grove Planning Commission April 29, 2024 Page 6 during the golf season. Staff discussed the plans in further detail and made the following recommendation. STAFF RECOMMENDATION: Motion to recommend that the City Council direct the City Attorney to draft a resolution approving the 7690 Urbandale Lane North conditional use permit subject to: 1. The net and pole system shall only be installed when the neighboring golf course has opened for the season and shall be removed at the end of the golf season. Discussion Commissioner Picket questioned what conversations the applicant had with Rush Creek. He stated he believed the responsibility for this fence should be on Rush Creek and should not fall on the adjacent neighbors. Mr. Corrow deferred this question to the applicant but stated it was his understanding Rush Creek was not willing to install a fence or netting. He indicated this may be because the golf course was in place long before these homes. Commissioner Ayika inquired how the applicant would be able to take down the poles and netting in the off season. Mr. Corrow explained the system was designed with sleeves installed in the ground that receive the poles and the poles can be easily removed. Commissioner Klein asked if the holes for the 20-foot poles would be covered or capped in the off season. Mr. Corrow deferred this question to the applicant. Chair Lamothe questioned if this CUP would remain with the applicant or the parcel of land. Mr. Corrow reported the CUP would remain with the property. The applicant was at the meeting to answer questions. Betsy O’Donnell, 7690 Urbandale Lane North, explained she was a horticulturist at the Rush Creek Golf Course. She reported the holes in the ground would have caps. She indicated the driving range was open from April through October which was when the netting would be erected. Then from October to April the netting Maple Grove Planning Commission April 29, 2024 Page 7 and poles would be removed. She explained she was putting the netting in place because she was trying to sell her house. She indicated she had to spend thousands of dollars to replace siding and windows due to golf ball hits. She was finding people were afraid to purchase her home because it was located on a driving range, which led her to request the netting. Commissioner Picket asked what this land was before the homes were built. Ms. O’Donnell stated the land was owned by a farmer. She commented on how many trees were taken out between the driving range and the homes. Commissioner Picket inquired if this protective netting request would lead to future requests. Ms. O’Donnell indicated the home to the right of her home may make a request. Commissioner Lenthe asked if the applicant had had a conversation with her neighbors regarding the netting. Ms. O’Donnell reported she spoke with both her neighbors and they supported the request. She indicated the neighbors understood the concerns she was having with golf balls as well as having an issue trying to sell her home. Chair Lamothe questioned if the HOA could be more restrictive than the City when it comes to the CUP, or would the CUP run with the property. City Attorney Templin reported the CUP would run with the property because this was a public safety issue. Commissioner Ostaffe inquired if the letter from the HOA states the netting would be allowed for Ms. O’Donnell and the next owner because she was currently trying to sell her home. Ms. O’Donnell believed this to be the case. Commissioner Tomlinson asked if changes to the plans had to be reviewed by the City or the HOA. Chair Lamothe stated it was his understanding the City trumps the HOA when it comes to the plans for the protective netting. Chair Lamothe questioned if there was some desire to remove the poles versus not removing the poles in the off season. Ms. O’Donnell stated she had no preference noting the poles would blend into the trees. She reported the poles could easily be Maple Grove Planning Commission April 29, 2024 Page 8 removed, but there would be no harm in leaving them up. Commissioner Ayika anticipated Ms. O’Donnell would have to follow the recommendations of the HOA regarding the poles. Chair Lamothe discussed how the poles would blend into the tree line in the winter months. Mr. Corrow explained staff was recommending the poles be removed in the off season to minimize the impact on neighboring properties, however, staff would be comfortable with allowing the poles to remain during the offseason if the netting is removed. Commissioner Ayika asked if the HOA would require the entire system to be removed in the off season or just the netting. Mr. Corrow stated it was his understanding the HOA would require just the netting to be removed in the off season. Commissioner Ayika inquired why the City would require the applicant to remove the poles to be removed as well. Mr. Corrow commented the poles would be visible to the neighbors and removing them in the winter months would be less impactful. Commissioner Ayika stated it was more cumbersome to remove the poles than the netting. He supported the applicant being required to remove the netting only in the off season. Chair Lamothe questioned if the neighbors would object to the poles remaining in the winter months. Ms. O’Donnell explained she told her neighbors how the netting system would function and they did not object to it being up or down. Commissioner Ostaffe reported the HOA was not requiring the applicant to remove the netting and poles in the off season, rather this recommendation was coming from staff. He indicated he could support the poles remaining in place during the off season. Commissioner Klein stated if this request were approved requiring the poles to be removed and five years from now the homeowner was tired of removing the poles she hoped they could come back to the City and request a change to the CUP. Commissioner Lenthe asked if the poles would be difficult to remove. Ms. O’Donnell explained the poles could be removed by Maple Grove Planning Commission April 29, 2024 Page 9 two people and were made out of aluminum not steel. Commissioner Lenthe supported the poles having to be removed in the off season. Chair Lamothe opened the public hearing at 7:50 p.m. The public was asked by Chair Lamothe if they had any comments to make regarding this application. No one wished to address the Commission. Motion by Chair Lamothe, seconded by Commissioner Picket, to close the public hearing at 7:50 p.m. Upon call of the motion by Chair Lamothe, there were seven ayes and no nays. Motion carried. Motion by Commissioner Ostaffe, seconded by Chair Lamothe, to recommend that the City Council direct the City Attorney to draft a resolution approving the 7690 Urbandale Lane North conditional use permit subject to: 1. The net shall only be installed when the neighboring golf course has opened for the season and shall be removed at the end of the golf season. Commissioner Ostaffe supported the request having less restrictions. He anticipated the poles would blend in with the trees in the winter months. Commissioner Picket stated he supported this recommendation noting if the applicant wanted to take the poles down in the winter months they could, but this would not be required. Chair Lamothe explained he supported this recommendation as well, noting future homeowners may not be as able bodied to remove the poles on a yearly basis. Commissioner Tomlinson asked where the poles and netting would be stored during the off season. Chair Lamothe stated this was another good reason to keep the poles in place during the winter months.  Maple Grove Planning Commission April 29, 2024 Page 10 Upon call of the motion by Chair Lamothe, there were seven ayes and no nays. Motion carried. Discussion items There were no discussion items. Adjournment Motion by Commissioner Picket, seconded by Commissioner Klein, to adjourn the Planning Commission meeting. Upon call of the motion by Chair Lamothe, there were seven ayes and no nays. Motion carried. Chair Lamothe adjourned the meeting at 7:58 p.m. to the next regularly scheduled meeting of the Planning Commission scheduled for May 13, 2024.