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HomeMy WebLinkAbout2021-05-24 PACKET 07.City of Cottage Grove Planning Commission April 26, 2021 A meeting of the Planning Commission was held virtually at Cottage Grove City Hall, 12800 Ravine Parkway South, Cottage Grove, Minnesota, on Monday, April 26, 2021, in the Council Chamber and telecast on Local Government Cable Channel 16. Call to Order Chair Khambata called the Planning Commission meeting to order at 7.00 p.m. Boike called the roll: Bigham — Present; Fisher — Present; Frazier — Present; Knable — Present; Rasmussen — Present; Khambata — Present. Also present were: Ben Boike, Community Development Director; Emily Schmitz, Senior Planner; Mike Mrosla, Senior Planner; Matt Wolf, Assistant to the City Administrator; Ryan Burfeind, Public Works Director/City Engineer; Steve Dennis, Council Member. Approval of Agenda Bigham made a motion to approve the agenda. Fisher seconded. Boike called the roll: Bigham — Aye; Fisher — Aye; Frazier — Aye; Knable — Aye; Rasmussen — Aye; Khambata — Aye. Motion carried: 6-to-0. Open Forum Khambata opened the open forum and gave instructions for those who wished to pose a question online. Khambata asked if anyone wished to address the Planning Commission on any non - agenda item. No one addressed the Commission. Khambata closed the open forum. Chair's Explanation of the Public Hearing Process Khambata explained the purpose of the Planning Commission, which serves in an advisory ca- pacity to the City Council, and the City Council makes all final decisions. In addition, he explained the process of conducting a public hearing and provided information on how any person wishing to speak could participate in the virtual meeting. Public Hearings and Applications 6.1 Johnson Garage Conversion — Case V2021-032 Marc Johnson has applied for a variance to allow for a detached garage on his property at 10176 East Point Douglas Road South to be converted into an accessory apartment as living space for a family member. Planning Commission Minutes April 26, 2021 Page 2 of 18 Schmitz summarized the staff report and recommended approval based on the findings of fact and subject to the conditions stipulated in the staff report. Johnson stated he would answer any questions from the Commission. He explained that his 82-year-old mother was the victim of a car accident in mid-2020 and she needs continuing care as she can't climb stairs and needs more surgery. Khambata opened the public hearing. No one spoke, Khambata closed the public hearing. Frazier asked Schmitz if the reason this application is not for an interim conditional use permit is because it is a permitted use on this property and not a conditional use. Schmitz replied that is part of it, as well as because the zoning code outlines only a handful of uses that are per- mitted with an ICUP. Frazier stated that he thought an ICUP would be better because it would not run with the property. He reviewed the conditions in the staff report that try to limit who can live there and when this variance would end, but asked if the City is confident that will be an effective limit to preclude Mr. Johnson, or a future property owner, from continuing the apart- ment use allowed by the variance. Schmitz replied that staff is confident that the conditions provide enough leverage along with the rental license, which has required biannual inspec- tions. This would allow staff to be aware if a blood relative was not living there and if the property changed hands. Khambata asked what recourse the City would have to revoke the use if these conditions were not met. Schmitz stated it would be addressed like any other rental license; if they're not meet- ing the terms of the variance and/or the rental license, the City is able to take action similar to a code enforcement case and require that dwelling be converted back to an accessory structure. Fisher made a motion to approve the variance application, subject to the conditions in the staff report. Rasmussen seconded. Rasmussen stated he agreed with staff that it's a reasonable request and use; it seems that the conditions are well spelled out and deals correctly with all of the challenges of this. Khambata agreed and said his one concern with allowing an accessory structure to be turned into a dwelling unit was to start a precedent with others wanting to do the same. However, as there are conditions that need to be met and the applicant meets the standard for a necessary burden, he felt comfortable approving the application. Boike called the roll. Fisher — Aye; Rasmussen — Aye; Bigham — Aye; Frazier — Aye; Knable — Aye; Khambata — Aye. Motion carried. 6-to-O. 6.2 Hinton Woods — Cases CP2021-024, ZA2021-025, and PP2021-026 DR Horton, Inc. — Minnesota has applied for a comprehensive plan amendment to change the guided land use of approximately 40 acres of land located on the southwest corner of Hinton Avenue and 65th Street from Medium Density Residential and Mixed Use to Medium Density Residential; a zoning amendment to rezone that property from R2.5, Residential, to R-5, Medium Density Residential, with a PUD, Planned Unit Development. DR Horton Planning Commission Minutes April 26, 2021 Page 3 of 18 also applied for a preliminary plat for a residential subdivision to be called Hinton Woods that will consist of a total of 165 homes, which includes 104 attached townhome units, 61 single family homes, and 2 outlots that will be developed on approximately 40 acres of land. Mrosla summarized the staff report and recommended approval subject to the conditions stip- ulated in the staff report. Deb Ridgeway, DR Horton, stated that she, Mike Suel, and Fran Hagen will answer any ques- tions. She noted that DR Horton will continue to work with the Pine Arbor neighborhood on buffering and possibly adding a fence along the south property line. Bigham had a question about the trees on the diagram on the south side; it looks like those trees were staying as a buffer from the existing twin -home residences. She asked if the trees along the west side that border the elementary school parking lot would remain. Mrosla replied the trees on the School District property will remain; however, there are some trees that will be removed as a part of this project in another quadrant of the development. The School Dis- trict has agreed to this verbally, but they need to bring this to their Board for approval. The intent of removing those trees is so the grades can tie in; there is an existing water main that also runs through there which provides a better access for maintenance. He pointed out on the map where trees and buffering along the west property line will remain. Bigham then asked about the landscaping on the west side, noting that there is a proposed path going to the elementary school. She commented that connecting point would cause the School District to adjust their landscaping structure to accommodate that path. Mrosla replied that the applicant will construct the trail and sidewalk connection for the School District. There will only need to be a couple trees removed to tie that in; the School District was supportive about that and the trail tie-in. Ridgeway stated they're in constant contact with the School District about this and will work with them on the extension. They will work with the school on how that will tie into the crosswalk that goes across the driveway and into the school sidewalk system. Khambata opened the public hearing. Khambata read verbatim a written statement from Heather Schillinger, 6712 Homestead Ave- nue: "1 live within 500 feet from this and was not notified until the other day about the public hearing. 1 do not support this at all, it will flood. Additionally, Cottage Grove Elementary, the playground, will not be available for kids to play on during 6:00 a.m. to 6:00 p.m., for the school year and summer Kids Club, before and after school care. Where will all these kids go to school? 1 open enrolled my child at Cottage Grove Elementary, and traffic is outrageous in that area, picking up kids. Can 1 recommend a splash pad by the wetland? I'm not for any round- about by me at all. The speed limit can't change due to the county road." Khambata asked for response regarding the notices to neighboring residents, public use of school property, de- mographics and school zoning, and traffic issues. Mrosla responded that the City has dis- cussed this proposal with the School District several times, as with any application for a residential project. The schools in the area, especially the elementary and middle schools, have enough size to adequately handle the increase in students from developments in the area in the next five years. Regarding using the playground at the school, Mrosla will check Planning Commission Minutes April 26, 2021 Page 4 of 18 on that, but noted that there are additional parks in the area. While there are no parks planned within this subdivision, there are several within walking distance of it. Burfeind responded regarding traffic issues that there is a very busy time during pick up and drop off in the morning and afternoon. The City is to work on different options for this with Washington County and our Police Department. He noted that this school year, traffic was heavier due to COVID as fewer children were on the buses and more being dropped off at school. This is hopefully just a temporary situation. Burfeind stated Hinton Avenue has full access onto the County Road and is set up in our Access Management Plan as likely to have a future traffic signal installed. The future of the Hinton Avenue and 65th Street intersection is unknown at this point; it could be a roundabout. He stated there is not much benefit to adding another access point directly onto 65th Street; without the access, if people want to use 65th, they can turn onto Hinton Avenue and take a left onto 65th Street. Boike explained that the City policy is to mail notifications to all property owners within 500 feet of the subject property, in addition to listing all public hearings in the Pioneer Press ten days ahead of the meeting. Khambata asked Boike if that was in accordance with State Statute. Boike replied that's above and beyond State Statute, which is 350 feet. Khambata stated an anonymous attendee had asked why only those within 500 feet were notified when it would affect more residents than that. He noted that Boike had already ad- dressed that. The attendee also stated they're not in support of this due to traffic concerns and where the proposed main access is located. Khambata read another statement from Schillinger: "The speed limit on a county road cannot change. 1 do not want a roundabout on 65th and Hinton. 1 do not want townhomes at all by me." Khambata stated he thought it was important to understand that per land use and zoning requirements, as a City and Planning Commission we are bound by what the 2040 Compre- hensive Plan dictates. In zoning and land use matters, as long as the applicant is meeting the requirements of the current zoning or of the future proposed use, we are limited on what applications we can and cannot approve. Vivek Bharti stated he's been living in Cottage Grove for 30 years and lives within 500 feet of the proposed development. He was surprised to see the notice about the rezoning and disap- pointed that they want to add more homes. He agreed with concerns previously stated. He has lived on 65th Street for nine years and seen a significant increase in the traffic noise, with all the new developments coming in. Bharti stated he's also concerned about pedestrian safety. He expressed concern about kids crossing the street to get to the school or park and hasn't see any planning from the City to make crossing safer. He believes this area should stay the way it's currently guided in the Comprehensive Plan, as it is as a way for the City to get more property tax. Khambata stated there are several more people wishing to speak, so we'll let everyone speak and then will have the applicant and City staff address these concerns individually. He asked that everyone limit their comments to three minutes. Kevin Raun, Association Vice President for Pine Arbor Ramblers, stated as was indicated earlier there have been some virtual meetings and a walk-through. The main concern ex- pressed is about access onto 65th Street. He noted that the report by City staff did not address Planning Commission Minutes April 26, 2021 Page 5 of 18 why there is a request for a Comprehensive Plan amendment, as there is no demonstration of hardship on the part of DR Horton. Of great disappointment is shortly after the 2040 Compre- hensive Plan was accepted by the City, they changed the rationale for street access, as that sets residents up for is a switch from the stated land use or Mixed Use and Medium Density Residential, to a much higher density with no access from 65th Street. Raun wanted to make it clear that they are not asking for Pine Arbor Boulevard to be closed; they are concerned that there would be too much traffic routed that way. County Road 74/65th Street is labeled a collector road on the State, County, and City Comprehensive Plans. Collector roads are in- tended to take traffic from residential areas as quickly as possible in the most viable and ex- pedient method to get traffic moving through the City. This proposal routes traffic through another residential neighborhood; what they don't show is that if somebody can't get to 65th Street in the manner that they want, they may come through the Pine Arbor neighborhood, which is fine, but not to get to County Road 22/70th Street. The neighbors do not want to this to be a thoroughfare. Raun then stated there are businesses in their subdivision, including a gas station. He is concerned that a lot of people will drive through Pine Arbor neighborhood to go to the gas station. He expressed disappointment that there would be no businesses in the new development. Again, they are not asking for Pine Arbor Boulevard to be closed but that there is access to 65th Street. He believes that it is arbitrary and capricious if this one subdi- vision cannot access 65th Street directly. Both Washington County's 2040 Comprehensive Plan and the City's 2040 Comprehensive Plan show 65th Street/County Road 74 to be a turn - back road to the City at some point. At such time, the City is going to incorporate it into the Ravine Parkway. He noted that all subdivisions east of Hinton Avenue have access to 65th Street with the exception of this new proposed subdivision. He also expressed concerns about expanding the holding pond on Outlot A. Raun noted Khambata had stated if it's within the confines of the Comprehensive Plan, the City is obligated to follow that, with which he concurs. However, the applicant has requested a change to the Comprehensive Plan. He would have been fine with what had been slated to go there. He doesn't believe there is enough justifica- tion without allowing access to 65th Street to assume that this particular project should go in. Raun stated Chapter 13 from the League of Minnesota Cities' handbook talks about Compre- hensive Planning, Land Use, City -Owned Lands, etc. The Comprehensive Plan guides a city's growth. The LMC handbook states that you should create the opportunity for residents to par- ticipate in guiding the community's future. Residents should be able to do that the front end before development occurs. Pine Arbor residents would like to guide the future of this particular parcel with access to 65th Street. The LMC says, "Ensure that growth makes the community better, not just bigger." This development is three times the size of what it would have been had it remained zoned R-2.5; again. Paul Mordorski, 6274 Hearthstone Avenue, stated his house backs up to 65th Street and over- looks the property that's being proposed for development. He echoed the comments that he doesn't see the City's justification for the change in the zoning. He also doesn't agree with the basis for all of the exemptions that are being asked in order to build smaller, higher -density homes on the property when it is completely inconsistent with the rest of the surrounding land use in terms of the number of units per acre. He believes there was some wording in the original notification regarding Outlot A and Outlot B and wants to confirm that those will remain managed wetland pond areas and will not be developed. He then asked if the City's zoning regulations required an Environmental Impact Statement in order to complete any rezoning, as there could be impacts to traffic, safety, aesthetics, housing values, etc. Mordorski stated that he understands the City's willingness to approve this, as it is benefit to the City due in- Planning Commission Minutes April 26, 2021 Page 6 of 18 creased revenue from the tax base compared to the current farmland. He doesn't believe there is any reason to add so many homes onto that property. Al Holmstadt, 6415 Hearthstone Avenue, stated as a resident of the Silverwood neighborhood, he'd like to voice his opposition to the removal of the Mixed Use zoning at the northeast corner of the parcel. He and his wife would be greatly disappointed if the potential opportunity for walkable amenities were lost. There are amenities at 70th and Hinton, but there is no walk - ability from the Silverwood neighborhood. He believes there are challenges with the grade and water management of the site, and noted that the southern Silverwood and Pine Cliff residents might appreciate a little more water in their drainage basin, which is almost always completely empty. He understood that DR Horton, a home builder, would prefer to build homes, but what would be best for the surrounding neighborhoods is retaining the Mixed Use zoning. If it is not developed as Mixed Use by DR Horton, it could be rezoned and developed as residential at some point in the future, but he doesn't believe the City should accept residential on that corner as the first option. Scott stated they live in the Silverwood neighborhood and have several concerns, including traffic, the safety of the community, and the school. He particularly opposes the townhomes in that northeast section as it does not match any of the other corners in the area and it could lower home values. The single-family homes on the other side acceptable; however, there should be an HOA to maintain their value, upkeep, and appearance. He also stated that he is opposed to a roundabout at 65th and Hinton. Khambata reported a couple Q&A comments have been received reiterating topics that have already been stated. He read the new comments: "The Cottage Grove 2040 Comprehensive Plan states that the corner of 65th and Hinton is Mixed Use to encourage neighborhood ser- vices within walking distance to the area. We need to adhere to that plan or long-term planning doesn't help us accomplish our goals of building the community we want. 1'd like to have a small retail space and the jobs it would bring within walking distance of our neighborhood subdivisions. 1 propose we keep the zoning as it is, use our long-term plan as the community - building tool is intended to be." Khambata read an anonymous comment: "1 second this." Khambata stated those were all the Q&A comments; however, some people had commented in the Chat section and he encouraged them to use the Raise Your Hand option if they wanted to comment on record, as Chat comments are a little hard to keep track of. Keith Freeburg, 6753 Pine Arbor Boulevard, pointed out that Pine Arbor Boulevard has two exits, a limited one onto 70th Street and one onto Hinton Avenue, which is extremely busy. He is concerned about traffic safety at those intersections. He also believes the density of the townhomes increases a dangerous traffic situation. He is also concerned that the Holiday sta- tion is a magnet for kids during the day, with many crossing on Hinton. He thinks the speed limit on Hinton between 70th Street and 65th Street should be reduced. No else one spoke. Khambata closed the public hearing. The Planning Commission took a five-minute recess. Khambata called the meeting back to order. Mrosla explained that current land use is Medium Density and Mixed Use. This change oc- curred as part of the 2040 Comprehensive Plan; in the 2030 Comprehensive Plan, completed around 2010, the subject parcel was guided as Single Family, a lower -density product. As part Planning Commission Minutes April 26, 2021 Page 7 of 18 of the 2040 Comprehensive Plan, they diversified the land use and housing styles in the area and provided an opportunity for a commercial node on that property; the property was re - guided as Medium Density and the Mixed Use node was added. He stated that he would have the developer discuss the commercial node shortly, but he wanted to go through the permitted densities for that parcel. The Medium Density District allows for densities of 5-to-13 units per acre; the subject property is 39.95 acres. To figure the density calculation, we use gross acre- age and do not subtract the wetlands and open spaces. Based on the Mixed Use designation, that whole site could have townhome units; this proposal includes a mix of single family and townhomes. If the entire site were to develop with townhome units at the maximum permitted within this land use district (not the zoning district) at 39.95 acres multiplied by 13 units per acre, 519 townhome units could be built there. The Mixed -Use District could include commer- cial uses and multi -family housing. Adding the Mixed -Use District in the upper northwest cor- ner, most likely an apartment building with some first -level shopping opportunities along with maybe some standalone commercial buildings, would be developed. If it were to be developed as a Mixed Use, you'd most likely see a Mixed -Use product with a commercial node and resi- dential. That District allows for units of 20-to-40 units per acre; the northwest section of the property is 9.37 acres. So, if the maximum 40 units per acre is multiplied by 9.37, there could potentially be 374 units on that corner alone, for a potential total of 772 units on this site. He stated that the applicant is requesting 5.04 units per acre, which is on the very low spectrum of the density that could occur on this parcel. They specifically located the higher density ad- jacent to Hinton Avenue, which can support those trips onto the that roadway. He estimates 80 percent of the traffic will go through Hinton, with about 20 percent using Pine Arbor Boule- vard. This proposal is very -low density compared to what could go there with the developer proposing 5.04 units per acres, which is just .04 units above the minimum for this District. Mrosla stated that the applicant did a commercial study, and the applicant will talk about the commercial node in the corner and what their studies showed. Ridgeway stated when we initially got this property under contract, they reached out to local commercial developers/ brokers to gauge interest in this site for commercial and were told that the lack of access to 65th Street causes a challenge and the site sits much lower than 65th Street, which impacts visibility for commercial uses. They also talked to multiple apartment contacts, who believe the site was not ideal for apartments due to the lack of public transportation. Those are the reasons they have proposed the townhome development. Khambata asked what kind of economic motivators developers are looking for that would steer them towards or away from various uses. Suel responded some of the issues they look at include access and proximity to other commercial areas. This site has limited access for com- mercial uses and there are commercial nodes at 70th and Hinton and just north of the site in Woodbury, which would make it difficult for this site to succeed as a commercial property. He further explained that in other communities they had to use tax increment financing for apart- ment developments. He stated the redeveloping areas are where they see both commercial and apartments succeed. Suel noted that there are other commercial pockets within the City of Cottage Grove proposed in the Comprehensive Plan that have better traffic patterns than this site. Mrosla added that another problem is the lack of lunchtime trips through the area. This site sees a lot of peak morning and evening trips via Hinton. Generally, there should be about 10,000 trips a day during the lunchtime hour to be able to support a commercial node, especially if there is a more dense mix of retail, there needs to be a higher trip volume on the roadways adjacent to it throughout the day, not just at peak times Planning Commission Minutes April 26, 2021 Page 8 of 18 Fisher asked why this area was guided for Mixed Use and why those studies were not taken into account when the Comprehensive Plan was updated. for Mixed Use. Khambata stated when he came onto the Planning Commission, they were developing this plan. At that time, there was a need for apartments, and one of the primary motivators was trying to get higher density and more affordable market -rate housing there. He thinks the landscape has changed on that in recent years, which may have alleviated some pressure for that in this area. Boike stated that there had not been a project proposed for this property until late last year when DR Horton signed an option on the property. Staff showed them the existing land use from the 2040 Comprehensive Plan, which included three-quarters guided as Medium Density Resi- dential that allows for 5-to-13 units per acre. Typically, Medium Density areas are developed with townhomes. The northeast corner is guided as Mixed Use, and the goal was to have something similar to the commercial node at 70th and Hinton. DR Horton initially tried to abide by that designation. However, after they researched and talked to commercial developers, we learned that the grading, visibility, no access to 65th Street due to Washington County Access Management guidelines, and traffic counts, it was determined that Mixed Use doesn't fit this corner. This was discussed with the City Council at their Strategic Planning Session in Janu- ary, and the direction was moved toward Medium Density for the entire property, based on the factors outlined here tonight. Khambata asked in the early stages of developing comprehensive plans, if it would be atypical for them to do this type of study prior to having a development proposal. Boike replied that is correct. Khambata asked if the City should have preemptively done an in-depth study like this. Boike replied not necessarily at the Comprehensive Planning stage; the Metropolitan Council has various guidelines or goals for each City to meet. In addition, Cottage Grove is primarily comprised of single-family homes, so one of the focuses with the 2040 Comprehensive Plan was to adhere to some of the Metropolitan Council's goals to diversify the housing stock. The City Council also has goals to allow areas for higher -density, single-family, and townhome development. As the area to the south is medium density and this particular property is unde- veloped, it was guided as Medium Density with the thought that maybe another commercial node could sit at that northeast corner. Burfeind reiterated what Mrosla said regarding the potential number of units that could have been development. He stated during the Comprehensive Plan process, the City works with Washington County to look at potential traffic impacts. From a traffic standpoint, being on the lower end of density is a benefit. He stated in terms of existing traffic in the area, it is not significantly high for these types of roads; there are certainly peak times, like the elementary school drop off and pick up, that are challenging, but some of the numbers are about 2,300 cars a day on 65th Street. That is significantly less than what we have on many of our collector roadways, like Hillside Trail or 76th Street, which run through developed areas with driveway access. Additionally, there are about 6,000 cars a day on Hinton; once again, for a two-lane arterial roadway, that's also on the low end. Washington County continues to look at their intersections and do an intersection control ranking. The existing access to Pine Arbor existing to the south was added, and they look at crash history, traffic counts, and traffic delays, which is what drives the installation of a traffic signal. These two access points are set up as likely traffic signals in the future,and will continue to be monitored by Washington County. Burfeind stated in terms of access routing, it was made clear that there is really no opposition to connect to Pine Arbor to the south, but there was concern that by not connecting to 65th Street, there could be more traffic through Pine Arbor. He's very comfortable saying that Planning Commission Minutes April 26, 2021 Page 9 of 18 drivers want to take the shortest distance; if someone's looking to get to 65th Street, and that access is not there, they are not going to go through the Pine Arbor development. Instead, they're going to go north on Hinton and then onto 65th. Whether or not there is an access to 65th Street secondary and different than access to 70th Street, and more traffic would utilitze the Hinton Avenue exit. Burfeind stated in terms of development to the west and whether they have access to 70th and 65th, this area has developed into 80-acre blocks; it's a 40-acre block adjacent to 65th and a 40-acre block adjacent to 70th. With those 40-acre blocks to the west of here, the northern one has access to 65th, a collector roadway, and the southern one has access to 70th. So, each 40-acre block has one access to a major roadway. This is no different; it just has the option of either 65th or Hinton, so we are still providing one full access to a major roadway in this 40-acre block. It is unique where it has that option to go either direction, which is important to note. Burfeind explained that the existing pond was not planned for any development; Washington County put it in in the 2000s when they upgraded 65th Street, strictly to serve the needs at that time. Any development, whether it's all single family or a much higher Mixed Use density, is going to require expansion of the ponding. There are very strict rules from the City, South Washington Watershed District, and State that need to be followed to make sure that we are meeting those requirements and not impacting any adjacent properties. Burfeind then explained that single family residential developments generate more trips than would be from a medium density development at the lower density level, like this proposal. There can be more cars in a single-family household than a medium density household. Boike stated the EAW process is triggered with 250 units in any given development. Since the number of units proposed in this development is less than that, an environmental review is not triggered. Khambata asked what the maximum traffic volumes would be on a collector roadway or a throughway, such as 65th or Hinton, before the roads would have to be reevaluated. Burfeind replied there are two sides to that. The first is reevaluating for expansion, noting that Hinton Avenue is essentially a single lane in each direction with turn lanes in this area. That roadway can support up to 15,000 to 18,000 vehicles per day; currently it is at 6,000. The second is a traffic signal. It is difficult to say exactly from an average daily traffic standpoint when a signal would be justified; as a comparison, 70th Street has about 10,000 vehicles per day, with sig- nals at Meadow Grass Avenue and Hardwood Avenue. So, with 6,000 cars a day on Hinton, it is still a awhile away before it would trigger signals. There are other considerations, including how much side street traffic there is. Mrosla added to Burfeind's comments on the traffic counts and displayed MnDOT's mapping applications of the numbers he'd referenced. If you look at a commercial node, such as one in Woodbury, you can see the significant amounts of trip differences there: Bailey Road had 12,800 trips in 2019 and Radio had 11,400. This shows see how many more trips are needed to support a retail destination like this, compared to the trips that are currently being generated at this intersection. Significantly increased traffic is needed to support that kind of a commercial node. Frazier stated there were some comments about the development standards for an R-5 District versus what the PUD is recommending and asked why the numbers for the R-5 aren't being Planning Commission Minutes April 26, 2021 Page 10 of 18 strictly adhered to and what is the purpose of this PUD. Mrosla replied that generally, a PUD allows the developer flexibility from the strict zoning code requirements, but the flexibility needs to be within a certain boundary. For example, this applicant is requesting some flexibility with the lot area; they're smaller lots, but the overall average does meet the requirements of the zoning district. For example, they requested a minimum lot width of 55 feet; 60 is the require- ment. This would not be setting a precedent as the City has previously approved projects at that width. Also, with a PUD there is some give and take. The City has previously allowed for 55-foot lots and front yard setbacks of 25 feet; it's very common in the East Metro and with the new developments. The front -yard setback is 25 feet from the property line, generally there's about a 15-foot wide boulevard in front of that, so technically it meets the 30-foot requirement. The maximum lot coverage would be 45 percent, which is 5 percent above the district require- ments; that is due to the denser townhome product on the site. The PUD takes into consider- ation other measures such as impervious surface coverage. Boike stated that this is typical with other City developments. Currently the City is going through a codification process with the entire zoning code to update it as almost every new development that comes through is a PUD, which means our zoning ordinance is a little outdated in terms of requirements. Rasmussen stated there were several safety concerns voiced at the public hearing regarding pedestrian crossings and traffic. He asked where the pedestrians would cross and how they would navigate the walking paths. Mrosla stated generally pedestrian crossings occur at an intersection and not at mid -block crossing. It is recommended residents who want to cross the road go to a controlled intersection. Burfeind stated that it is important that pedestrians cross at controlled intersections. From a destination standpoint, if you're trying to get to Highlands Park, residents have a sidewalk and a trail on the west side of Hinton to go down to 70th Street to cross; if they're going to Sunnyhill Park, they can cross up at Hinton Avenue and 65th Street, at the all -way stop. Previously, there had been issues with pedestrian access in this area; however, he believes in 2018 Washington County got a Safe Routes to School Grant to build trails on both sides of this property. Access and crossing of 65th Street has been talked about at length with Washington County and the School District. When the turn lanes going in at the Langdon Hills development are complete, the County will look into the potential for an en- hanced refuge island crossing on 65th Street, depending on how the turn lanes are finalized. There may be an option to have a raised median crossing to have more direct access from the northern properties to the school. One reason that hasn't yet happened is that it is not a walking route to school; even though it would provide better access to the school, the School District does not promote walking to school in that area. Rasmussen stated his understanding of Mixed Use is it can provide a variety of uses, with residential being one of them. Although he would like to see a business go in there, he feels that residential is a part of Mixed Use, so he agrees with this proposal. Khambata made a motion to approve the comprehensive plan amendment, zoning amendment, and preliminary plat for Hinton Woods, subject to the conditions in the staff report. Frazier seconded. Khambata stated when he saw the 2040 Comprehensive Plan, he was intrigued by the oppor- tunity to have business on this parcel. High -density housing is something that the City has needed for a long time, so he's happy to see that developers are coming to the table. However, based on the analysis that was provided by the applicant and the fact that there is no other applicant wanting to develop this parcel, he's inclined to agree with Rasmussen that residential Planning Commission Minutes April 26, 2021 Page 11 of 18 development is one component of Mixed Use. He feels that this is in line with how the 2040 Comprehensive Plan sought to use this parcel. Fisher noted that someone had their hand raised. Khambata stated the public hearing was closed and asked Boike how he should address that. Boike stated that was completely up to him if he wanted to reopen the public hearing or proceed with the motion, as is. Khambata stated he'd do an informal query of the Commission if they wanted to reopen the public hear- ing. It was determined not to reopen the public hearing as this person had a chance to speak during the public hearing, the Commission spent a long time discussing the applications, and there is a motion. Boike called the roll: Khambata — Aye; Frazier — Aye; Bigham — Nay; Fisher — Nay; Knable — Aye; Rasmussen — Aye. Motion carried: 4-to-2. 6.3 Weber Property-Oppidan — Cases ZA2021-027, PP2021-028, SP2021-029 Oppidan Development has applied for a zoning amendment to rezone 8.45 acres of land located between Hardwood Avenue and Harkness Avenue from UR, Urban Reserve, and R- 2, Residential Estate, to R-6, High Density Residential, with a PUD, Planned Unit Develop- ment; and a preliminary plat to be called Hardwood Subdivision that would create one lot. Oppidan also applied for site plan review of a market rate 171-unit, four-story multi -family apartment building. Wolf summarized the staff report and recommended approval subject to the conditions stipu- lated in the staff report. Paul Tucci, Executive Vice President with Oppidan Development, gave the history of their development company. He stated that their request for rezoning to High Density Residential is in compliance with the approved Comprehensive Plan. He noted that there is 40 to 50-foot drop across the site, from east to west, with Hardwood sitting much lower than Harkness. There are five homes on Harkness that in the comp plan are guided to become Medium Den- sity Residential, with villas and townhomes. Between Harkness and Hardwood, the vacant lots, one of which is the Weber parcel, were designated for high density. He described the exterior materials that will be utilized on the building. He then provided further information on parking for the project. Tucci reported that at the neighborhood meeting they held attendees included residents on the east side of Harkness on the west side of Hardwood, over by Camel's Hump Park, and from Aspen Cove and Burr Oak Cove. In response to the residents' questions about traffic, he stated that turn lanes would be added to help ensure that there is a smooth flow down Hardwood. He also noted that regarding questions about elevations, the closest house is on Aspen Cove, which is almost 1,000 feet away, has an elevation that is higher than the proposed building. Khambata opened the public hearing. Greg Jeseritz, 7501 Meadow Grass Cove, expressed concern about all the extra traffic this project and the new apartment building will generate and asked for more information on how that will be handled. Planning Commission Minutes April 26, 2021 Page 12 of 18 Burfeind replied that traffic on the Hardwood Avenue includes about 40 to 200 cars a day on the north end and 8,600 cars a day on the south end. From a general capacity standpoint design of Hardwood Avenue, this amount of traffic is within the bounds and allows for future growth, which was planned for in the Comprehensive Plan. Specifically, a signal may be in- stalled at the intersection of Hardwood Court and the Kohl's access in the future. Burfeind stated that in 2017 improvements were made to the 80th Street/East Point Douglas Road/Harkness Avenue intersection with the Hy-Vee project. He noted that during peak times, traffic can be busy but that was planned for. Wolf stated that the expectation is about four trips per unit; so, that adds about 854 trips onto that 8,600 traffic count at the south end of Hard- wood, which is still within the collector road limit. Jeseritz asked why Cottage Grove needs more high -density apartments. Wolf responded that the City conducts an annual Business Retention and Expansion Program, where staff talks to area businesses about the concerns and needs. One issue that has been brought by busi- nesses including Werner Electric, Hy-Vee, and Renewal by Andersen is the need for other housing options that are not single-family homes for the entry-level workforce. Additionally, the City has heard from residents who are retiring that want the opportunity to sell their house and move into an apartment. Khambata explained that it is difficult to grow a community without a full life cycle of housing options, which includes apartments, townhomes, varying sizes of single-family homes, and senior housing that can accommodate residents' changing needs. We severely lack the type of housing that would attract somebody who is not ready for an assisted -living facility, but needs something that doesn't require a lot of maintenance and fits within their budget. Cottage Grove has a disproportionate amount of middle -to -higher income housing stock and a dispro- portionately low amount of housing stock that meets the needs of people who are either just starting out or downsizing to fit their retirement lifestyle. Jeseritz asked why that that location chosen as there is a lot of open space on the east side of the city. Khambata responded that some of the economic factors for a development like this include proximity to highways and public transit. He noted that there is no mass transit serving the east side of the City and there are no plans in the near term for mass transit in that corridor of Cottage Grove. Jeseritz asked if that could become part of the plan. Khambata replied that it is addressed in the 2040 Comprehensive Plan. He noted that there is a weekly bus route that helps to serve some of our lesser -traveled areas of the City. Khambata read a comment received from Denise Fulmer that the size of the development seems out of character with the balance of the neighborhood and that she is not against high - density housing and questions if this is the correct location for something of this scale. Wolf stated planning development there is generally a change from commercial to high density to medium density to low density. The location of this proposal is right next to a commercial area. Additionally, there are plans for a Bus Rapid Transit station across 80th Street. The City also wanted this area to have a higher -end market -rate product. There were other developers who were interested in the site that were not proposing market rate housing. Jeseritz noted that couple years ago, at either a Planning Commission or Council Meeting, where that whole area was proposed to be changed from medium density to high density, he believed they were told that nothing would happen unless all property owners in that area sold their land. Now it appears that development will be done in segments not all at once. Wolf Planning Commission Minutes April 26, 2021 Page 13 of 18 responded that one of the discussion points at that time was that with a large development, there is the potential that parcels may have to be combined. He explained that this project was completely market driven; none of the Harkness area property owners are being forced to sell and it is up them when or if they do. Wolf stated that in August 2017, when the Harkness Avenue Small Area Study was brought before the Planning Commission, an amendment was added that basically said that the Planning Commission would like to see some sort of per- centage of development required for both the east and west sides of Harkness. That meant that the high -density area would have to have a certain percentage of acreage to move forward with development, so the west side would have to, as well. That amendment was approved by the Planning Commission in August 2017; however, it did not move forward to City Council and was not part of the resolution. Wolf read for the record the summary of why that occurred: "The Planning Commission re- quests that staff consider adding criteria language related to options of alternative percentages of land use assemblages within the study area needed in order to process free zoning. A development application was considered, and it was determined that the market and economic feasibility of a project will dictate the land assemblage required and is outside the scope of reasonable land use requirements. The City already has adequate zoning protections in place to ensure that development occurs in a planned and thoughtful manner with safeguards for the surrounding properties." Wolf stated no additional condition was added to the resolution of approval and hopes that answers the question. Jeseritz asked if Wolf could summarize the language in the statement. Wolf explained that although the amendment was put forward by the Planning Commission, the City cannot dictate that a landowner cannot sell their property if they want to, based on whether or not another landowner wants to. It also states that there are laws and regulations, both through the State of Minnesota and the City of Cottage Grove, that would permit or deny land use applications and developments from moving forward. Khambata stated from a property owner's rights standpoint, if he was a landowner who wanted to sell, he does not want to be constrained by a neighbor's lack of willingness to sell. Had that passed, it could have been grounds for a lawsuit against the City for acting in an arbitrary and capricious manner. No one else spoke. Khambata closed the public hearing. Rasmussen asked for clarification based on our zoning standards, if enough parking is being provided. Wolf replied the City Code requires two cars per unit. This proposal includes 145 underground parking units that sit 162 surface parking spaces in front of the building. There is proof of parking for an additional 33 spaces. Those spaces equal two parking spaces per unit. Rasmussen asked, due to the elevation and grade changes in this area, if there will be mechanical equipment installed on the roof and if there will be screening. Tucci replied that each of the apartments will have a self-contained furnace and air conditioner. There will be some vent pipes on the back of the building and a make-up air system in the garage for ex- haust. Also, on the east elevation, there will be an elevator wheel that will go up onto the roof, but it will be incorporated behind a bump -up. There will be some pipes that will be painted to blend in with the roof. Planning Commission Minutes April 26, 2021 Page 14 of 18 Tucci provided an explanation for the reason they chose this site. He explained that they did a very extensive market study, which showed in the primary trade area, there is a demand for 2,000 units. This area is accessible to the public transportation and walkability to many amen- ities. He noted that this project is affordable housing; they are market -rate apartments. Bigham asked about lighting aesthetics for residents in their parking areas and also for the community on the public walkways. Wolf responded the lighting will be required to follow our City Code, which is no more than .5 candlelight at the parcel line for the surrounding parcel. Lights coming out of the actual apartment units might spill over. The lighting along the trails and the sidewalks will be what currently exists within the right-of-way. Burfeind stated the main trail corridor is along Hardwood Avenue, which had lighting installed in 2014. Khambata asked about the 33 proof of parking spots, and if the applicant can meet the needs of the complex without having the entire two parking spots per unit. Tucci replied that they have 1.82 stalls per unit. Their third -party consultants feel that having around of 1.7 spots provides enough parking for the residents and guests. He noted that there will be 24 studio units and 78 one -bedroom units, so at least 50 percent of the units will only have one vehicle. He explained that those 33 stalls won't be initially installed because they believe they are providing adequate parking and they are saving trees in that area. The proof of parking stalls was added to ensure that City knows they can provide the required two stalls per unit if needed. Khambata asked what would trigger installation of those additional parking spots. Tucci replied they will monitor how the lot fills up and by interviewing residents on service levels. Rasmussen asked if Tucci could confirm that all trash pick-up service, would be contained within the principal structure and there will be no trash enclosures on the site. Tucci replied that there are trash chutes that go to containers in the garage. On trash day, management rolls those bins to the garage door, and the trash company will roll them out, dump them in the truck, and return them. Everything is contained within the garage. Frazier made a motion to approve the zoning amendment, preliminary plat, and site plan review subject to the conditions stipulated in the staff report. Knable seconded. Boike called the roll. Frazier — Aye; Knable - Aye; Bigham — Nay; Fisher — Aye; Rasmussen — Aye; Khambata — Aye. Motion carried 5-to-1. 6.4 Settlers Bluff — Cases ZA2021-030 and PP2021-031 Capstone Homes, Inc. has applied for a zoning amendment to rezone 39.7 acres of land located on the southwest corner of Hadley Avenue and 100th Street and north of 103rd Street from AG-2, Agricultural, to R-5, Medium Density Residential, with a PUD, Planned Unit Development; and a preliminary plat for a residential subdivision to be called Settlers Bluff, which will consist of 155 detached townhome lots and 5 outlots. Boike summarized the staff report and recommended approval subject to the conditions stip- ulated in the staff report. Tom Bakritges, Capstone Homes, 14015 Sunfish Lake Boulevard, Ramsey, stated that they are excited to bring Settlers Bluff to Cottage Grove, which consists of their Liberty detached townhomes. He provided background on the proposal noting that there have been four public Planning Commission Minutes April 26, 2021 Page 15 of 18 meetings, including a neighborhood meeting, on this project. Some aspects of the plan have evolved since the concept plan review; however, the site plan elements have not changed. He stated that the detached townhome housing product is enjoyed by singles, young couples, and active adults and has been a positive addition in other communities. The development will be managed by a homeowners association, which will provide lawn mowing and snow removal along with maintaining 30-foot landscape buffer along Hadley Avenue. Bakritges reported that they will install a 2,500 linear foot trail that will provide and as a regional trail for the surrounding community and neighbors. The proposal includes an overlook area for viewing the river valley and another green space in the center of the development. Their goal is to begin grading in late June/early July for 78 lots in the first phase. Next year they will finish out the 77 lots. They anticipate total build out will be done in 3.5 to 4 years. Khambata stated the first thing he noticed on the amended plan was the difference in the stormwater basin; he felt the way they reconfigured it is going to be a striking feature for the walking trail and neighborhood. Khambata opened the public hearing. Marc Isaacson stated he lives in the Mississippi Dunes townhomes, just to the north of the new proposed subdivision. He appreciated the neighborhood meeting last week where they were able to express their concerns. His specific concerns are still traffic -oriented; he dis- agreed with the statement that most people will be coming in from Hadley. From living in the area, he knows most people are heading north, not south, which cause a lot more traffic on Mississippi Dunes Boulevard. He also is concerned about construction traffic through his neighborhood, although they have been assured that will be prohibited and trucks would need to come in from 100th Street, just like they do for Summers Landing. He noted that in the current layout, it appears the crosswalk for the trail will cross Mississippi Dunes Boulevard in the middle of the curve, so he thinks visibility will be a concern, especially if the cars are going 30 miles per hour. He then asked if there could be a four-way stop at Mississippi Dunes Boule- vard and 98th Street. Burfeind responded regarding of the crosswalk that it is a 30 mile per hour residential street, and fits well with the standard crosswalk striping. There is also crosswalk signage at the cross- walk, and advance -warning signage in each direction, which is typical for crosswalks and in line with MnDOT standards. He then explained about requirements and standards for stop signs and intersection control, noting that to put in an all -way stop, a certain amount of traffic on the roadways are required, which this intersection does not meet. He stated the City follows the Federal and State requirements. Burfeind noted that the access point moved further north on Hadley. Staff is working with the applicant to refine its exact location onto Hadley Avenue. He explained that Mississippi Dunes Boulevard is a 40-foot wide collector roadway with very few driveways directly accessing it. It was designed to handle more traffic, and the road was stubbed with future road extension signs. Khambata stated as with any development like this, the concerns articulated by the HOA to the north are typical and warranted. He liked the implementation of the crosswalk. He asked if the continuation of that road would stay 40 feet wide or if it would narrow and if there were any other measures that could be taken to help deter people from using that as a throughway. Burfeind replied that it will be a narrower road section; 40 feet is the old standard for a collector Planning Commission Minutes April 26, 2021 Page 16 of 18 roadway. With less traffic on the southern end, this extension of Mississippi Dunes Boulevard would be a 32-foot wide roadway section. No one else spoke. Khambata closed the public hearing. Fisher stated she appreciated that the access road was changed; she knew that there had been a lot of concern with safety the last time we talked about it. She appreciated the City and the developer working together to come up with a better solution. Khambata agreed with Fisher that those changes implemented. He noted that the retention pond will be a striking feature for the neighborhood and add some aesthetic value. Bigham asked about the phasing of the development and if it was based on the lots purchased or if they were moving different parts of the development, north to south. Bakritges replied that the first phase will begin along Hadley, and there will be a few lots to the north, some in the middle block, and the first cul-de-sac. The second phase will be the remainder of the site, which is anticipated to start next year. Khambata asked what would trigger a future traffic study, and if traffic became a problem, is there any recourse for the neighbors to the north. Burfeind replied that the specific require- ments to install an all -way stop are you need an average of 300 vehicles per hour for an eight - hour period on Mississippi Dunes Boulevard (the main road) or 200 vehicles per hour for eight hours on the side street, which would be about 2,400 vehicles on Mississippi Dunes and 1,600 vehicles on 98th Street in an eight -hour period. Currently, there are about 1,000 cars a day on Mississippi Dunes, which is well below the threshold. The City will continue to monitor these roadways, and because Mississippi Dunes is a State Aid Roadway, traffic counts are done every two years to determine if an all -way stop is needed. Knable asked if stop signs would be put up by the crosswalk or if a pedestrian signal like the one at Woodridge Park could be installed there. Burfeind stated a signal like that is reserved for roadways with three or more lanes and higher speeds, typically 35 miles per hour or greater. So, in this situation, being a standard residential street, two-lane roadway, it would not meet the warrants for that type of pedestrian -activated signal. The City feels very comfort- able with the installation as proposed, as it follows MnDOT guidance and is very standard for this type of mid -block crossing of a local residential street. Khambata made a motion to approve the zoning amendment, preliminary plat, and site plan review subject to the conditions stipulated in the staff report. Bigham seconded. Frazier stated that during the hearing for the Concept Plan, he and former Commissioner Brittain had some concerns about the 40-foot wide lots, especially because the R-5 District requires 60-foot wide lots. He likes a lot about the proposed development, including the relo- cated access onto Hadley, which will mitigate traffic through Mississippi Dunes, and the extra green space that was added. His concern is just that the distance of the houses looks too tight, and he doesn't see what the City is getting in return for cutting 20 feet off each lot. He asked if it should have a different zoning than R-5. He does not believe this will work in Cottage Grove. Planning Commission Minutes April 26, 2021 Page 17 of 18 Khambata stated he shares some of Frazier's concerns with the narrower lots; however, as Frazier stated, the overall layout appeals to him. It's kind of an atypical housing product and meets the niche between somebody who's looking for single family but needs to stay in a townhome price point. There are constraints to development, and land is one of them; that's a driving factor with these smaller lots and in keeping the costs down. Khambata stated maybe there is some latitude to carve out a different zoning classification for future Comprehensive Plans that conforms more to this type of development. Boike stated in terms of the PUD request, the City is getting a big chunk of land for right-of- way for the future realignment of 100th Street. Khambata stated so the City is getting something out of it in terms of the road realignment; he understands that everyone needs to make some sacrifices in that regard. Khambata asked Bakritges how this housing product is received by consumers in regard to the narrower lots. Bakritges stated they can't build these houses fast enough. Consumers really liked this because it is at a price point that is not met in the marketplace. This site is unique; they will abut a PUD neighborhood to the north with both detached townhomes and attached townhomes. The proposed detached townhomes will have lawn maintenance and snow removal and amenities such as trails, trees, and scenery are provided. They are devel- oping more of these types of neighborhoods because the market is demanding them. The product includes slab on grade, one -level or a two -level homes with a price range from $300,000 to a maximum of $400,000. They feel Cottage Grove will absorb it well. Boike called the roll: Khambata — Aye; Bigham — Aye; Fisher — Aye; Frazier — Nay; Knable — Aye; Rasmussen — Aye. Motion carried: 5-to-1. Approval of Planning Commission Minutes of March 22, 2021 Frazier made a motion to approve the minutes of the March 22, 2021, Planning Commis- sion meeting. Knable seconded. Boike called the roll: Frazier — Aye; Knable — Aye; Bigham — Aye; Fisher — Aye; Rasmussen — Aye; Khambata — Aye. Motion carried: 6-to-O. Reports 8.1 Recap of April 2021 City Council Meetings Boike provided a summary of actions taken at the City Council meetings on April 7 and April 21, 2021. Dennis thanked everyone for putting in over 3.5 hours of their time tonight and their dedication is appreciated. There was good dialogue tonight on these issues. It's never an easy position to be in when you seek to make as many people happy as possible. Dennis reported that Commissioner Brittain resigned from the Planning Commission and thanked him for his service to the City. He stated that Jerrett Wright will be reappointed to the vacant seat. He noted that Wright had been serving our country on a deployment for almost a year, and it will be nice to Planning Commission Minutes April 26, 2021 Page 18 of 18 have him back on the Commission. Dennis then announced that the City will host a Memorial Day Ceremony in front of City Hall on Memorial Day, May 31, starting at noon. He asked if the Commission had any questions for him. Khambata asked about the Strawberry Festival or the fireworks display. Dennis replied that there will be fireworks on July 4, being run by the Lions Club with City support. He explained that the Strawberry Festival is run by an independent volunteer group that operates outside the parameters of the City. The Strawberry Festival Committee determined that they were unable to bring the event together this year, but hopefully they will be able to next year. 8.2 Response to Planning Commission Inquiries �Gm 8.3 Planning Commission Requests None. Adjournment Bigham made a motion to adjourn the meeting. Fisher seconded. Boike called the roll: Bigham — Aye; Fisher — Aye; Frazier — Aye; Knable — Aye; Rasmussen — Aye. Khambata — Aye. Motion carried: 6-to-O. Meeting adjourned at 10:45 p.m.