Planning Commission

MAPLE GROVE PLANNING COMMISSION July 29, 2024 Call to order A meeting of the Maple Grove Planning Commission was held at 7:00 p.m. on July 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, Michael Ostaffe, Joe Piket and Stephanie Tomlinson. Absent was Chuck Lenthe (excused). Present also were Kristy Barnett, City Council Liaison; - Jesse Corrow, City Planner; and Scott Landsman, City Attorney. Items to be removed None. from agenda Consent items The following Consent Items were presented for the Commission’s approval: MINUTES A. Regular Meeting – June 10, 2024 Motion by Commissioner Ayika, seconded by Commissioner Tomlinson, to approve the Consent Items as presented. Upon call of the motion by Chair Lamothe, there were six 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. She discussed why the Popeye’s request was denied, noting circulation within the development was a concern for the Council. OLD BUSINESS No items to present.  Maple Grove Planning Commission July 29, 2024 Page 2 NEW BUSINESS Public hearing Mr. Corrow stated the applicant is requesting planned unit development concept stage plan, development stage plan, Elm Creek Vista, Planned rezoning, and preliminary plat approval for a seven-lot single unit development family home neighborhood located in southwest Maple Grove concept stage plan, near Elm Road. The overall property is made up of 10.5 acres and development stage plan, is split in half by Elm Creek. The property on the east side of Elm rezoning and preliminary Creek will be replatted and will not undergo any noticeable plat changes. A new 2.5 acre parcel will be created for the existing home that will remain in place. Another 2.55 acre outlot will be created to the south and will remain vacant. The applicant is requesting that the existing home can continue to be serviced by its private well and septic system until public utility connections are made available. The proposal on the west side of Elm Creek would extend Fountain Lane to the south and provide access for six new lots. The west property is made up of 5.45 acres with 1.93 acres of wetlands and floodplain. As a result, the density of the proposed neighborhood on the west side of Elm Creek is 1.70 units per acre, which is consistent with the low-medium residential guiding of 1-4 units per acre. Staff discussed the plans in further detail and recommended action on this item be tabled to a future meeting in order to allow staff to work with the applicant to save more trees on the property. STAFF RECOMMENDATION: Motion to table action on this item to a future Planning Commission meeting. Discussion Chair Lamothe asked who created the 2019 Elm Creek Master Plan and what type of engagement was completed for this plan. Mr. Corrow explained this plan was compiled before the Elm Road development was proposed and involved all of the affected property owners. He indicated the plan was well received by the City Council. Commissioner Ostaffe questioned if the property to the north with the hammerhead was ghost platted. Mr. Corrow reported he was unfamiliar if a ghost plat was in place for this property. Maple Grove Planning Commission July 29, 2024 Page 3 The applicant was at the meeting to answer questions. Dave Gonyea, Gonyea Companies, thanked staff for the detailed presentation on this project. He explained he spoke with staff prior to the meeting, and he supported the item being tabled. Commissioner Piket asked if the developer met with the neighbors to discuss the proposed project. Mr. Gonyea stated he held a neighborhood Zoom meeting last week and noted there were quite a few neighbors in attendance. He indicated the major concerns were with the tree loss and flood plain mitigation. Commissioner Ostaffe questioned how many of the trees that would be lost were ash trees. Mr. Gonyea reported a tree inventory had been provided to the City. He indicated the property had a lot of boxelder and ash trees. Chair Lamothe requested staff pass along the tree inventory to the Commission for review before the next Planning Commission meeting. Mr. Corrow stated this information was provided to the Commission in Attachment E within the packet. Chair Lamothe opened the public hearing at 7:21 p.m. The public was asked by Chair Lamothe if they had any comments to make regarding this application. Debbie Larson, 17134 62nd Avenue North, explained she lived in the cul-de-sac to the west of the development. She reported she moved into the area in June of 2012. She discussed the flooding problems she has with the pond in her back yard and urged the City to address this concern, noting the current trail routinely floods as well. She commented in 2018, FEMA redrew lines and her property was now within a flood plain. She stated this has been a challenge for her and she would like the City to do more to address water remediation. Chris Mickelson, 6270 Fountain Lane North, stated this was a very small piece of land to try and squeeze six homes onto. He reported this small parcel has a number of very large oak trees and he feared the proposed project would impact the surrounding properties given how the wetlands will be filled. He commented on the flooding that was already occurring in the Maple Grove Planning Commission July 29, 2024 Page 4 area and noted the residents in his neighborhood paid a premium to overlook the wetland. He discussed how his home would be less marketable if the views were lost, and he now had flooding concerns. He understood the City grows through development, but he encouraged the City to be smart with this piece of land. He suggested fewer homes be considered, more trees be saved and that the wetlands not be filled in. Tal Lancaster, 6290 Fountains Lane North, expressed concern with the fact the wetlands would be filled in and his views would be lost. In addition, he was concerned about having a road so close to the wetlands. He recommended a five foot buffer be put in place between the roadway and the wetland area. Motion by Chair Lamothe, seconded by Commissioner Piket, to suspend the public hearing to the next Planning Commission meeting. Upon call of the motion by Chair Lamothe, there were six ayes and no nays. Motion carried. Motion by Chair Lamothe, seconded by Commissioner Ayika, to table action on this item to a future Planning Commission meeting. Commissioner Piket questioned if the creek would be impacted if the wetland areas were filled. Mr. Corrow stated this would be the natural direction for the water to flow. He explained the water retention pond would catch and treat the water prior to flowing into the creek. Commissioner Ostaffe asked if the catch basin were reduced in size, how many trees would be saved. Mr. Corrow commented on how the sand filter would have to be maintained and noted other locations could be considered to mitigate the floodplain loss. He reported there were a handful of trees in the proposed floodplain area that could be saved. Chair Lamothe stated he would like to hear from the engineering department on how the stormwater would be managed for this project given how capacity was being taken away on the west side. Commissioner Ostaffe questioned if the City has taken a closer look at this trail, given how it floods on an annual basis. Mr.  Maple Grove Planning Commission July 29, 2024 Page 5 Corrow explained he was uncertain of the future plans for this trail. He noted a portion of the trail will be removed and regraded. Commissioner Ostaffe suggested a boardwalk type trail be considered for this area, given how it floods annually. Chair Lamothe noted for the record the Commission received a letter from Nancy Trossen. He asked that this letter be included in the packet when this item returns to the Planning Commission. Upon call of the motion by Chair Lamothe, there were six ayes and no nays. Motion carried. Public hearing Mr. Corrow stated the applicant is requesting planned unit development stage plan approval for a four story, 124 unit senior Arbor Lakes Active Adult living building. The site received a planned unit development planned unit stage and concept stage plan approval on May 10, 2021, for the development stage plan same use. The proposed use is in conformance with the concept and final plat plan. The west half of the property is not part of the current proposal and will be platted as an outlot until a future proposal is brought forward. A new private road will bisect the property, aligning with the existing curb cuts. This roadway was part of the original concept plan. 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 Arbor Lakes Active Adult planned unit development 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 Community & Economic Development Department dated July 16, 2024 b. The Engineering Department dated May 1, 2024 c. The Fire Department dated July 12, 2024 d. Hennepin County dated May 23, 2024 Maple Grove Planning Commission July 29, 2024 Page 6 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. Discussion Chair Lamothe asked if the Concept Stage Plan spoke to adult active use on this site. Mr. Corrow explained the site was approved for a senior living use with assisted living and memory care that included a much larger building. He noted the proposed plan does not include assisted living and memory care. Commissioner Tomlinson questioned why this building has been scaled back. She stated she was disappointed with the fact another 55+ apartment building was being proposed. She supported this property having a full continuum of care, noting this would bring more jobs to the City. Mr. Corrow indicated the developer spoke to the demand in the community for 55+ apartment units. Commissioner Tomlinson inquired what the safety plan was if there was a fire in the building. Mr. Corrow deferred this question to the developer. Commissioner Ostaffe questioned if these units would be market rate. Mr. Corrow stated it was his understanding these units would be market rate. Commissioner Ostaffe recommended charging stations be considered within this development. Chair Lamothe stated he had some of the same concerns as Commissioner Tomlinson and asked if the outlot would be used for memory care. Mr. Corrow reported the western lot was still guided for senior living and any change would require an amendment to the concept plan. The applicant was at the meeting to answer questions. Evan Doran, Doran Group, explained he was owner of the Maple Grove Planning Commission July 29, 2024 Page 7 adjacent parcels to the north along with the retail to the south. He was of the opinion the area had complimentary uses and unique features. He reported the reason he moved away from the full continuum of care model was because the market conditions and labor market were challenging. He commented further on how building code changes had impacted assisted living units. He discussed how the building would have fire sirens and strobes to alert residents in the event of a fire emergency, along with exit signs. He explained the building would have charging stations on the exterior of the building and additional stalls would be EV ready. Commissioner Tomlinson asked if independent home healthcare assistance could be brought in to allow residents to age in place in these units. Mr. Doran reported residents would be able to bring in services to this building, but noted a continuum of care was not able to be reached with Ebenezer Services. Motion by Commissioner Ostaffe, seconded by Commissioner Ayika, to recommend that the City Council direct the City Attorney to draft a resolution and a planned unit development agreement approving the Arbor Lakes Active Adult planned unit development 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 Community & Economic Development Department dated July 16, 2024 b. The Engineering Department dated May 1, 2024 c. The Fire Department dated July 12, 2024 d. Hennepin County dated May 23, 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. Chair Lamothe reported the developer has done a great job developing this corner. However, he noted the original concept plan included a continuum of care that encompassed a large plat Maple Grove Planning Commission July 29, 2024 Page 8 of property. He stated he was very interested to see what would be included in the west outlot property. Commissioner Ostaffe questioned if the 171 underground parking spaces and 42 surface parking spaces was adequate. Mr. Doran reported The Reserve had a 1.6 parking ratio and this parking was meeting the needs of the complex. He discussed how he was proposing to provide more than one parking stall per unit within the new development. He explained the proposed building would have enough underground spaces to service the units within the building. Commissioner Piket discussed how Tera was charging an exorbitant amount for the underground parking stalls and the residents refused to pay. He encouraged Doran Companies to keep the underground parking fees reasonable for the future tenants or that one underground parking space be included in the rent to avoid any future parking concerns. Commissioner Ostaffe recommended the garbage and trash cans not become an eyesore at this complex. He stated he would like to see the bins stored underground. Mr. Doran reported there would be two trash rooms underground. He indicated the slope has been designed to allow the bins to be brought out on trash day. He explained the trash bins would be wheeled out to a concrete pad on pickup days and would be brought back underground after pick up. Chair Lamothe asked if organics collection would mean more dumpsters and garbage trucks on collection days. He questioned when organics collection would be implemented. Councilmember Barnett stated organics collection has already gone into effect. She reported this was a Hennepin County mandate. She explained residents are being charged for the service, but do not have to participate. She indicated Maple Grove would be taking over this service in 2025 and residents could choose whether or not they wish to participate. Mr. Doran reported he was aware this was coming. Upon call of the motion by Chair Lamothe, there were five ayes and one nay (Commissioner Tomlinson opposed). Motion  Maple Grove Planning Commission July 29, 2024 Page 9 carried. Public hearing Mr. Corrow stated the recent Williamson Second Addition short plat resulted in separating an existing home on the property from Zoning text amendment its detached garage. This created a situation in which a new lot – two stall garage was legally created with an existing dwelling onsite but no garage requirements space. There were concerns over exterior storage on the property and staff was asked to look into amending the current ordinance in order to prevent similar future occurrences. The current ordinance requires that any new single-family home constructed after March 25, 1987, shall include a two-stall garage. Staff are proposing to leave this ordinance in place because it is effective in requiring a two-stall garage for new construction on lots that are already established. The new language will require that a two-stall garage shall be included with a dwelling when a new lot is created, whether the new lot is vacant or if it contains an existing dwelling. The proposed changes will ensure that all newly created single-family lots, and all existing vacant single-family lots, will contain a two-stall garage. An exception was included to allow twin homes that are currently placed on a shared lot to potentially subdivide in the future without the need of a two-stall garage. There are a number of twin homes that were built with single stall garages within the city that are used primarily as rental properties. This exception will allow for the owner to subdivide the property into separate single-family homes, without having to modify the existing designated garage space. 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 an ordinance approving the zoning ordinance text amendment regarding two stall garage requirements. Discussion Commissioner Piket asked what problem was trying to be solved with this code change. Mr. Corrow stated the problem the City was trying to avoid was exterior storage and storage for vehicles. Commissioner Piket indicated this would hit long-term residents and he was cautious about hitting long-term residents with more Maple Grove Planning Commission July 29, 2024 Page 10 requirements. He commented on how garbage cans or outdoor storage could be screened. Commissioner Ostaffe discussed how townhome garages have been shrinking over time. He recommended a two car garage be at least 20 feet by 20 feet of useable space. He commented on how smaller garages were requiring the storage of trash bins outdoors. Commissioner Klein asked if Item B should have a specific date in place. Mr. Corrow explained this was considered by staff and noted Item A addresses this matter. Commissioner Klein inquired if single-family included twinhomes and townhomes. Mr. Corrow reported this depends on how the units are platted. Commissioner Klein commented on how this requirement could impact a future senior townhome development that had smaller, affordable units. Mr. Corrow clarified that townhomes are considered multi-family, or a PUD and this requirement would not apply. Commissioner Ayika questioned if the garage size was currently left up to the developer or did the City have standards. Mr. Corrow reported he was unfamiliar with any garage minimums at this time, but understood residents appreciated more garage space. Chair Lamothe opened the public hearing at 8:30 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 Ostaffe, to close the public hearing at 8:31 p.m. Upon call of the motion by Chair Lamothe, there were six ayes and no nays. Motion carried. Chair Lamothe asked if the Commission supported this item moving forward. Commissioner Piket stated he felt passionately about this item Maple Grove Planning Commission July 29, 2024 Page 11 not moving forward. Chair Lamothe concurred noting he had concerns with the two car requirement. Motion by Commissioner Ayika, seconded by Commissioner Ostaffe, to recommend that the City Council direct the City Attorney to draft an ordinance approving the zoning ordinance text amendment regarding two stall garage requirements. Commissioner Klein reported B1 within the code amendment does not read like an independent sentence. She recommended this sentence be written. City Attorney Landsman reported the motion on the floor was to direct the City Attorney to draft an ordinance approving a zoning ordinance text amendment and he could take into consideration language changes that read better. Chair Lamothe indicated he was struggling with the fact this would be a blanket approach. Commissioner Piket stated in general he does not like more government and more regulation, especially when this impacts long-time residents. He suggested this code amendment be a one car requirement, instead of two cars. He discussed how a two car garage requirement may adversely impact long-time homeowners. Commissioner Ostaffe reported this has occurred one time in the past four years and noted this topic was brought up to address the lots that were subdividable in the community. He did not believe that the proposed code amendment was onerous. He wanted to see future homes having two car garages, which has been the City’s requirement since 1987. Chair Lamothe stated he would be interested in reviewing the list of lots that could be subdivided in order to understand if any of the existing homes currently have a one car garage. He indicated these homeowners would be greatly impacted by the proposed text amendment. Commissioner Klein asked if homeowners with only a one car garage that were requesting a lot split could request a variance from the two car garage requirement. Mr. Corrow reported a Maple Grove Planning Commission July 29, 2024 Page 12 variance could be applied for. Commissioner Ayika stated he could support a variance request for existing homeowners in this instance. Chair Lamothe explained he did not want existing homeowners with a one car garage to be required to install a two car garage if they wish to subdivide their lot at some point in the future. He believed this was unfair. Commissioner Klein asked if another exception could be written into the text amendment to address this circumstance. Chair Lamothe stated he would support an exception being written into the text amendment. City Attorney Landsman reported he could add language to address this concern within the zoning text amendment. Commissioner Piket inquired if this matter was time sensitive or could the item be tabled for further consideration on the language. Mr. Corrow indicated there was no rush on this item. Commissioner Piket stated he would like to review the new language before forwarding the text amendment onto the City Council. Commissioner Ostaffe explained he appreciated the proposed approach moving onto the City Council. However, he questioned if a single car garage had to be demolished in order to make room for a newly subdivided home, would the existing homeowner be required to build a new single car garage, or a two car garage. Commissioner Ayika reported if the one car garage were removed, he supported the homeowner being required to have a two car garage. Chair Lamothe indicated he could support the one car garage being replaced with a one car garage. He explained he supported this matter being tabled in order to allow the Commission to further consider this topic in order to address future expansions and garage upgrades. Mr. Corrow explained the current code would not apply to the expansion of a home, a remodel, or an addition. He stated the  Maple Grove Planning Commission July 29, 2024 Page 13 code would apply to new single family construction and all new homes would be required to have a two car garage. Chair Lamothe supported conditioning a two car garage if there was any addition to a house, while still protecting homeowners with a one car garage that want to subdivide their land and not requiring these homeowners to replace their one car garage. Commissioner Ayika supported not requiring existing homeowners to replace their one car garage with a two car garage. Commissioner Piket recommended the motion to approve be withdrawn and that this item be brought back to the Commission for further review at a future meeting. Commissioner Ayika withdrew his motion. Commissioner Ostaffe withdrew his second. Motion by Commissioner Piket, seconded by Chair Lamothe, to table action on this item to a future Planning Commission meeting. Upon call of the motion by Chair Lamothe, there were six ayes and no nays. Motion carried. Discussion items There were no discussion items. Adjournment Motion by Chair Lamothe, seconded by Commissioner Ayika, to adjourn the Planning Commission meeting. Upon call of the motion by Chair Lamothe, there were six ayes and no nays. Motion carried. Chair Lamothe adjourned the meeting at 8:53 p.m. to the next regularly scheduled meeting of the Planning Commission scheduled for August 12, 2024.