Planning Commission

Maple Grove Planning Commission meeting minutes May 28, 2024 Call to order A meeting of the Maple Grove Planning Commission was held at 7:00 p.m. on May 28, 2024 at the Maple Grove City Hall, Hennepin County, Minnesota. Vice Chair Ayika called the meeting to order at 7:00 p.m. Pledge of Allegiance Roll call Planning Commission members present were Vice Chair Chris Ayika, Lorie Klein, Chuck Lenthe, Michael Ostaffe and Stephanie Tomlinson. Absent was Chair Craig Lamothe and Commission member Joe Piket. Present also were Kristy Barnett, City Council Liaison; 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 – May 13, 2024 Motion by Commissioner Lenthe, seconded by Commissioner Ostaffe, to approve the Consent Items as presented. Upon call of the motion by Vice Chair Ayika, there were five ayes and no nays. Motion carried. Consideration 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  Maple Grove Planning Commission May 28, 2024 Page 2 Grove Square West Motion by Commissioner Ostaffe, seconded by Commissioner Addition Lenthe, to remove this item from the table. Upon call of the motion by Vice Chair Ayika, there were five ayes and no nays. Lee Edwards Properties, Motion carried. LLP Mr. Amerman stated Lee Edward Properties, LLP, the applicant, 13995 Maple Knoll Way are seeking a planned unit development concept stage plan, North rezoning, and final plat approval in order to pursue development Planned unit of a 6,300 square foot multi-tenant medical-office building development concept located at 13995 Maple Knoll Way North. The building will be stage plan, rezoning, and built on property acquired from Comcast of Minnesota and final plat Wisconsin, and will abut Weaver Lake Road North to the south. The applicant is the owner of a medical office building at 13800 83rd Way North, immediately adjacent to the east. Comcast is looking to sell the southernmost .9 acres of undeveloped land in the parcel to the applicant, which will require subdivision. 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 and a planned unit development agreement approving the Grove Square West Addition planned unit development concept stage plan and final plat 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 April 19, 2024 b. The Fire Department dated April 16, 2024 c. The Parks & Recreation Department dated May 7, 2024 d. Hennepin County Transportation dated May 10, 2024 Motion to recommend that the City Council direct the City Attorney to draft an ordinance approving the rezoning from B (Business District) to B-PUD (Business District-Planned Unit Development) Discussion Maple Grove Planning Commission May 28, 2024 Page 3 Commissioner Ostaffe asked where the easement vacation would have been located. Mr. Amerman reported this would have been on the south westerly corner of the property. Commissioner Lenthe questioned what street would this project be addressed from. Mr. Amerman indicated the project would have an address of Maple Knoll Way from the cul-de-sac. Vice Chair Ayika inquired if the fire department reviewed this request. Mr. Amerman explained the original request had open access for emergency vehicles, which meant there was the same level of access for emergency vehicles. The applicant was at the meeting to answer questions. Ben Krsnak, Hempel Real Estate, thanked staff for helping him through the planning process. He explained he was still seeking tenants for this building. He noted this property would have a high quality building with ample parking for the future tenants. Vice Chair Ayika asked for comments from the public. There were none. Motion by Vice Chair Ayika, seconded by Commissioner Ostaffe, to recommend that the City Council direct the City Attorney to draft a resolution and a planned unit development agreement approving the Grove Square West Addition planned unit development concept stage plan and final plat 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 April 19, 2024 b. The Fire Department dated April 16, 2024 c. The Parks & Recreation Department dated May 7, 2024. d. Hennepin County Transportation dated May 10, 2024 Upon call of the motion by Vice Chair Ayika, there were five ayes and no nays. Motion carried.  Maple Grove Planning Commission May 28, 2024 Page 4 Motion by Commissioner Ostaffe, seconded by Commissioner Klein, to recommend that the City Council direct the City Attorney to draft an ordinance approving the rezoning from B (Business District) to B-PUD (Business District-Planned Unit Development). Upon call of the motion by Vice Chair Ayika, there were five ayes and no nays. Motion carried. NEW BUSINESS Public hearing Mr. Amerman stated the applicant is requesting an amendment to the existing planned unit development for the Hindu Society of Hindu Society of Minnesota. They are proposing to expand their campus with a Minnesota Education 17,140 square foot education and cultural center. The building Center would consist of a 500-person capacity multi-purpose space, ten Gensler classrooms, resource library, and art gallery. The existing temple building is currently being used for these activities. The current 10530 Temple Drive parking onsite will accommodate daily use at the campus with North larger events requiring bussing that has been coordinated in the past with Maple Grove Transit. Staff discussed the plans in Planned unit further detail and made the following recommendation. development concept stage plan and STAFF RECOMMENDATION: development stage plan Motion to recommend that the City Council direct the City Attorney to draft a resolution and a planned unit development agreement approving the Hindu Society of Minnesota Education Center planned unit development concept stage plan and development stage plan subject to: 1. The applicant addressing to the satisfaction of the city any remaining applicable comments contained in the memorandums from: a. The Community & Economic Development Department dated May 22, 2024 b. The Engineering Department dated April 29, 2024 c. The Fire Department dated May 5, 2024 & May 21, 2024 The applicant shall acknowledge that park dedication requirements are based on staff review and recommendation to the Park and Recreation Board and their subsequent board action. Board meetings are held on the third Thursday of each month. Maple Grove Planning Commission May 28, 2024 Page 5 Discussion Commissioner Tomlinson asked if the City Forester’s concerns had been addressed. Mr. Amerman stated he would have to look into this further. Commissioner Lenthe questioned what would happen to the street on the westerly side of this property. Mr. Amerman recommended the applicant speak to this further. Commissioner Ostaffe stated he understood something like this was included in the initial plans. Mr. Amerman reported educational opportunities have been held on site. He suggested the applicant speak to the plans for this property further. Commissioner Ostaffe inquired if applicant would be holding a daily school onsite. Mr. Amerman recommended the applicant speak to this matter. The applicant was at the meeting to answer questions. Sushmi Aggrawal, representative from the Hindu Society of Minnesota, discussed the Sunday school that would be held, which was already being held in the temple noting it would be moved to the arts building. Commissioner Lenthe questioned what type of daily activity would be held in this building. Ms. Aggrawal explained the proposed building would be used for education, arts and various cultural activities. Vice Chair Ayika opened the public hearing at 7:21 p.m. The public was asked by Vice Chair Ayika if they had any comments to make regarding this application. Byron Byraiah 9175 Tewsbury Gate North, explained he was a lifetime trustee at the Hindu Society. He reported the building was designed by architect Bill Baxsly. He welcomed the Planning Commission to visit the temple at any time.  Maple Grove Planning Commission May 28, 2024 Page 6 Motion by Vice Chair Ayika, seconded by Commissioner Lenthe, to close the public hearing at 7:23 p.m. Upon call of the motion by Vice Chair Ayika, there were five ayes and no nays. Motion carried. Motion by Commissioner Klein, seconded by Commissioner Tomlinson, to recommend that the City Council direct the City Attorney to draft a resolution and a planned unit development agreement approving the Hindu Society of Minnesota Education Center planned unit development concept stage plan and development stage plan subject to: 1. The applicant addressing to the satisfaction of the city any remaining applicable comments contained in the memorandums from: a. The Community & Economic Development Department dated May 22, 2024 b. The Engineering Department dated April 29, 2024 c. The Fire Department dated May 5, 2024 & May 21, 2024 The applicant shall acknowledge that park dedication requirements are based on staff review and recommendation to the Park and Recreation Board and their subsequent board action. Board meetings are held on the third Thursday of each month. Upon call of the motion by Vice Chair Ayika, there were five ayes and no nays. Motion carried. Public hearing Mr. Corrow stated the applicant is requesting to rezone their property located at 9601 Annapolis Lane North from R-2B (Single- 9601 Annapolis Lane Family Residential District) to R-1 (Single-Family Residential North rezoning District) in order to continue to house their three pet ducks on Marjorie Holsten the property. The 1.55-acre lot backs up to Elm Creek and is surrounded similarly zoned R-2 properties. The applicant currently owns three pet ducks on the property and claims to have had peafowl, chickens, and a potbelly pig in the past. Staff discussed the plans in further detail and made the following recommendation. Maple Grove Planning Commission May 28, 2024 Page 7 STAFF RECOMMENDATION: Motion to recommend that the City Council deny the request to rezone 9601 Annapolis Lane North. Discussion Commissioner Klein asked if the 1.5 acres included the water. Mr. Corrow reviewed the property noting the lot was 60% water and 40% upland. Commissioner Klein commented when she looked at the code, it also says that an R-1 property between 1 and 1.5 acres that there is a different list of animals that are allowed that does not include hogs or sheep. She was curious why the city was looking at this as if the property were 1.5 acres in size. She indicated Hennepin County estimates this lot to be .69 acres of land. She questioned if the city had done a calculation of total land available on this lot. Mr. Corrow explained these lots would not be drawn up in this manner today, rather the lots would only include the upland without the water. He noted in this case, the lot included the water. Commissioner Klein stated if this lot were rezoned to R-1, would it be the city’s position that the lot is less than an acre and therefore it would not be able to use any of the animal types in Section 6.17. Mr. Corrow indicated he would look at the allowances allowed for lots greater than 1.5 acres because the lot was recorded that way. Commissioner Klein questioned if the max impervious lot coverage for this lot was 40%. Mr. Corrow reported the max impervious lot coverage was 30% for shoreland lots. Commissioner Klein asked if this 30% included the portion of the lot that was water. Mr. Corrow explained 25% of the wetland or area below the upland would be included for impervious calculations. Commissioner Klein commented this meant over 30% of the property would be impervious for this lot in particular. Mr. Corrow Maple Grove Planning Commission May 28, 2024 Page 8 reported this was correct. Commissioner Klein inquired if the City Attorney has weighed in on this matter. Mr. Corrow stated he has not reached out to the City Attorney for interpretation on this matter. City Attorney Templin reported staff’s analysis was correct on this matter given how the lot was recorded. He explained these were the calculations staff had to use for this lot. Commissioner Klein indicated it may be in the city’s best interest to consider an ordinance amendment that considers the description of a lot as upland land area. Mr. Corrow stated he could look into this. Vice Chair Ayika asked where the closest R-1 zoned property was to the subject property. Mr. Corrow stated this was the property to the south on County Road 30. Vice Chair Ayika questioned if staff looked into ways for the applicant to keep the animals besides seeking a rezoning. Mr. Corrow commented another option for the city to consider would be to change the animal ordinance, to allow lots of a similar size to keep ducks and chickens. Staff feels this is a more appropriate avenue to address this matter. Commissioner Klein stated it was not a planning commission issue to determine what animals should be allowed where. Mr. Corrow stated this was correct, this determination was to be made by the City Council. Commissioner Klein commented if this lot were less than 1.5 acres in size, she would be more inclined to approve the rezoning, especially given the fact the property was located along water. However, given the size of the lot, she did not support the applicant having hogs or sheep. Vice Chair Ayika explained the only way for the Commission to consider this matter outside of a rezoning, was to possibly change the animal classification within city code and this was not within the purview of the Planning Commission. The applicant was at the meeting to answer questions. Margorie Holsten, 9601 Annapolis Lane North, apologized for Maple Grove Planning Commission May 28, 2024 Page 9 taking so much time from the Planning Commission on a trivial matter. She explained she loved animals and allergies limit her pet choices. She stated for 14 years she had a pot bellied pig in her home and she was put down in the fall of 2022. She commented a year and a half ago she got three pet ducks and they have thrived on Elm Creek. She explained six weeks ago she was told the current zoning does not allow for ducks and she was told she had two weeks to rehome her pet ducks. She stated based on the size of her property she thought she could have ducks. She indicated this led her to request a rezoning in order to keep her ducks. She commented further on the research she had done on city code, reviewed the five criteria that must be met. She discussed how things in her neighborhood had escalated noting the new duck enclosure would ensure ducks do not impede on neighboring properties. She described how her lot was unique given that it was bordered on two sides by water. She indicated she pays property taxes on a lot that was 71,000+ square feet in size. She reported she had 18 letters of support from her neighbors and asked that the Planning Commission support the rezoning of her property to R-1 in order to allow her to keep her pet ducks. Commissioner Lenthe asked what discussions the applicant had with staff regarding other options besides rezoning the property. Ms. Holsten stated the police informed her she could not have her ducks, that they would have to be rehomed. She explained she brought staff an application to rezone in order to allow her to keep the ducks. She commented she would love to have other alternatives, but this was the only solution she could find. Commissioner Lenthe inquired if the applicant would support this item being tabled in order to allow the applicant to have further discussions with planning staff in order to consider other alternatives. Ms. Holsten stated this would be wonderful. Commissioner Ostaffe questioned if the run would be to the north of the house, or would it only be accessible via water. Ms. Holsten reviewed the location of the duck run on her property noting it was quite a distance from any houses. Commissioner Klein asked what was next to the road to the north of the property line, but west of the road. Ms. Holsten stated there was a culvert in this location. She indicated this portion of Maple Grove Planning Commission May 28, 2024 Page 10 property was vacated by Hennepin County and she was uncertain if the city’s map of her property reflected this change. Commissioner Klein inquired how much upland was located on Ms. Holsten’s property. Ms. Holsten stated after the easement vacation her lot went from 1.55 acres to 1.65 acres. Vice Chair Ayika explained the applicant was surprised by the ordinance and the type of animals that could be kept on the property. He commented on how the applicant should be fully aware of the covenants that were in place for this neighborhood, given the fact this property was developed by her family. Ms. Holsten indicated the covenants were one matter and the city code and ordinance was another. She reported she did not write the original covenants and explained they had expired because they were more than 30 years old. She stated with respect to the ordinance, she made an incorrect assumption that her property was zoned R-1 because she had so much land. She commented after the visit from the police department, she looked more closely at the zoning map. Vice Chair Ayika reported when the home was constructed a variance was received for the front and side of the home; and at that time the zoning for the home would have been available. In addition, the covenants would have stated the homeowner could not keep these animals. He indicated the property was zoned R- 2B when the home was built and this has not changed. He commented on the meeting that was held by the City Council in April where this matter was discussed. He questioned if the applicant was involved in this meeting. Ms. Holsten reported she received an email from Planning staff that she should watch the video from the April 13 meeting. She indicated she was not invited to this meeting. Councilmember Barnett stated for clarification purposes, there was a comment made at the public forum portion of the City Council meeting. Vice Chair Ayika commented when looking at this property, trying to rezone it to R-1 was a complicated matter. Commissioner Klein stated if this matter were tabled, she would Maple Grove Planning Commission May 28, 2024 Page 11 be curious to know if staff or the applicant could speak with Hennepin County to learn about the actual size of this lot and if it was less than 1.5 acres. Vice Chair Ayika opened the public hearing at 8:03 p.m. The public was asked by Vice Chair Ayika if they had any comments to make regarding this application. Pat Shatava, 13858 95th Avenue North, explained she lived south of the applicant. She expressed concerns with the request before the Planning Commission. She indicated she had many more concerns with this property over the past 30+ years. She stated she sent a letter to the city regarding these concerns and read this letter in full for the record. She noted the chicken coop on the applicant’s property was visible from the street and she was told the coop would house 20+ chickens and ducks. She commented on how the ducks were free range and were leaving droppings on her property. She clarified that she did not call the police on the applicant but rather calmly asked her to leave her property. While she understood the applicant’s lot was 1.5 acres per Hennepin County’s GIS map, she estimated the lot was .69 acres of land. She discussed how the applicant was not following current city ordinances due to the fact the ducks were free range and proper fencing was not in place. She explained she purchased her home in 1989, noting at that time she was provided with covenants that stated no animals, livestock or poultry could be kept. It was her understanding these covenants were to run with the land and shall be binding for all parties until revoked. She indicated these covenants were put in place by Marge Holsten. She further discussed the livestock and free range pets Marge has had over the years and how they have adversely impacted the neighbors. She reported she did not support the request to rezone the applicant’s property from R-2B to R-1. Scott Smith, 9696 Annapolis Lane, reported he was the president of the townhouse association for the Elm Creek Overlook Addition. He explained he has lived in Maple Grove for 43 years, 12 years in his present home. He stated for 20 years he lived just two houses south of Marge Holsten and witnessed many animals on the property. He indicated the concerns being raised by the neighbors were not about chickens or ducks, rather the concerns were about what could be. He commented the free range Maple Grove Planning Commission May 28, 2024 Page 12 domestic ducks do not belong in Elm Creek with the wild animals. He stated he witnessed the pig that roamed the neighborhood and lived in the house. He explained the one thing that really got to him was the peacocks that roosted on the houses and woke the neighbors up at 5:00 in the morning. He reported just because these animals were named, doesn’t mean they aren’t livestock. He indicated the ducks are wandering the neighborhood and are not allowed in the R-2B zoning district. He stated he saw the shed that was constructed for the ducks noting it was in the side lot and was within 75 feet of the water. He did not believe Margorie or Paul has shown compliance with any city ordinances. He explained he has enjoyed living in Maple Grove because the developments and parks were very well done. He commented on how rezoning this property would have a negative impact on the neighbors and requested the Planning Commission deny the rezoning request. Dr. Autumn Zehren, 13855 95th Avenue North, explained she lived across the street from the applicant. She reported the University of Minnesota website states that backyard fowl should not be interacting with wildlife due to the risk of avian flu. In addition, these animals should not be interacting with children under the age of five due to the risk of salmonella poisoning. She reported she did not support the rezoning, nor did she support the applicant having chickens or ducks in the neighborhood. Motion by Vice Chair Ayika, seconded by Commissioner Lenthe, to close the public hearing at 8:17 p.m. Upon call of the motion by Vice Chair Ayika, there were five ayes and no nays. Motion carried. Commissioner Lenthe indicated it appears the applicant would be accepting of the item being tabled for a period of time to allow her to speak with staff on alternatives other than a rezoning. He stated he was uncertain if this discussion would be fruitful. He explained he was concerned with the fact this request was spot zoning and reported he would not be able to support the request. Mr. Corrow reported staff has reviewed the request and has considered any alternatives, noting the only alternative would be to allow chickens or fowl on a greater scale, which would include an amendment to the zoning text.  Maple Grove Planning Commission May 28, 2024 Page 13 Vice Chair Ayika commented this would mean if the Planning Commission were to act on this, the applicant could still make the request for a zoning text amendment to the City Council. He reiterated that the decision made by the Planning Commission on this matter was a recommendation and the City Council would make the final decision. Commissioner Klein asked if a variance would be an option for this situation. Mr. Corrow stated variances were typical for lot setbacks and dimensions and was not considered when it came to animals on the property. Motion by Commissioner Lenthe, seconded by Commissioner Tomlinson, to recommend that the City Council deny the request to rezone 9601 Annapolis Lane North. Commissioner Klein stated she was troubled by the fact this property had upland that was less than one acre in size and therefore, did not qualify for the provisions that allow for animals within city code. She explained this was not a 1.6 acre property, but rather was much smaller. She indicated if this was a 1.5 or 1.6 acre property of upland, she could support the request, but given the fact there was only .69 acres of upland, she could not. She stated she would be supporting the motion for denial. Commissioner Ostaffe commented the property was currently 1.55 acres and the land from Hennepin County adds a small portion to the parcel. He reported in either case, the lot was over 1.5 acres in size. However, he did not know if this made a material impact on the request before the Commission. Upon call of the motion by Vice Chair Ayika, there were five ayes and no nays. Motion carried. Discussion items There were no discussion items. Adjournment Motion by Vice Chair Ayika, seconded by Commissioner Tomlinson, to adjourn the Planning Commission meeting. Upon call of the motion by Vice Chair Ayika, there were five ayes and no nays. Motion carried. Vice Chair Ayika adjourned the meeting at 8:27 p.m. to the next regularly scheduled meeting of the Planning Commission Maple Grove Planning Commission May 28, 2024 Page 14 scheduled for June 10, 2024.