This transcript features the **Hermantown Planning & Zoning Commission** meeting from October 20, 2020. **Main participants:** * **Greg Zimmerman:** Commission Chair * **Eric Johnson:** Community Development Director * **Samuel Clark:** City Councilor / Commission Member * **Corey Colquist:** Commission Member * **Tracy Lundin:** Commission Member * **Shannon Sweeney Jorgensen:** Commission Member * **Joe Wicklund:** Assistant City Administrator (Host/Technical) * **Wayne Boucher:** Mayor * **David Bolf:** City Engineer * **Luke Seidl:** Landscape Architect (Applicant Rep) * **Sandy Hoff:** Applicant * **James Tolego:** Applicant *** [0:03] Eric Johnson: Maybe Mr. Zimmerman, if we can turn it over to you at this point. [0:03] Greg Zimmerman: All right, it's been a while so bear with me, but um, so October 20th, 2020, we will start the meeting at 7:07 PM. Take a roll call. Myself, Greg Zimmerman, here. Joe Peterson is not present. Corey Colquist, here. Tracy Lundin, here. Valerie—Valerie's not available this evening. [0:48] Greg Zimmerman: Okay. Samuel Clark? [0:48] Samuel Clark: Here. [0:48] Eric Johnson: And Greg, you do have a new member this evening: Shannon Sweeney Jorgensen. She's joining us for the first meeting this evening. Welcome, Shannon. [1:10] Shannon Sweeney Jorgensen: Thank you. [1:10] Eric Johnson: So that means you have five, and that would make a quorum. [1:10] Greg Zimmerman: Yes, we do have a quorum this evening. Okay, I won't be voting then. You would hear—I need a motion to approve the agenda for this evening. [1:21] Tracy Lundin: I'll make a motion. Lundin. [1:34] Shannon Sweeney Jorgensen: Second. [1:34] Greg Zimmerman: Second, thank you. Uh, we need an approval of the minutes from our last meeting, September 22nd, 2020. [1:42] Samuel Clark: Sam Clark, I motion to approve the meeting minutes from the last meeting. [1:55] Corey Colquist: I'll second. Colquist. [2:00] Greg Zimmerman: Is there anybody present to make public comment on any item not otherwise listed on the agenda? Hearing none. Do we roll right into the public hearings then? [2:22] Eric Johnson: Yes, that is correct. Thank you, Mr. Zimmerman. [2:30] Greg Zimmerman: All righty. Item 5A—you want to give us a rundown on that? [2:30] Eric Johnson: Great, thank you. Item 5A this evening is a subdivision application to create a flag lot in an R3 zoning district. The applicant is Mr. James Rodland. The property is located off of Ugstad Road. It's an existing lot of record. Joe, if I could—can you give me control? [3:12] Joe Wicklund: Yep, hold on just a second. [3:25] Eric Johnson: I believe I have it. Thank you. Perfect. Thank you. So as I mentioned, what's on your screen before us—I’m assuming everyone can see this, Joe could you verify that that is indeed the case? [3:25] Joe Wicklund: Yep. [3:25] Eric Johnson: Thank you. This is a location map of the subject property. As I mentioned, it's located off of Ugstad Road and just south of Roosevelt Drive. This is an existing Jackson home that is located on that property right now. What I'm now bringing up is the actual flag lot associated with this. And as you can see, this is a fairly long existing lot that we have in the city. Existing parcel size is 4.13 acres. As I mentioned, there is an existing home and garage as well as an outbuilding on this site. The applicant is proposing to subdivide the lot into two parcels. Parcel A, which would still contain that existing home, garage, and outbuildings, is approximately 0.52 acres in size and would meet the city requirements of the minimum lot width of 100 feet as well as the lot depth of 225 feet. [5:00] Eric Johnson: The lot that's being proposed to being created this evening, that flag lot that's located to the north and to the west of this—the north portion of the site is what's known as the "pole" portion of this flag lot that contains the driveway that would access this future lot. This pole portion is 40 feet wide and 220 feet long. Both of them do meet the underlying requirements for a flag lot. Minimum frontage is 30 feet—this has 40. Maximum depth of the pole portion is 500 feet—this is 225. And then as you go to the rear of that site, Parcel B is proposed to be 3.61 acres in size. On that Parcel B, that's where a future residence may be constructed at sometime in 2021. The applicant does not have a particular timeline associated with that. The applicant would be required to meet the required zoning setbacks associated with an R3 property. So there would be a minimum of a 50-foot setback from the rear of Parcel A. [6:34] Eric Johnson: And there would be a minimum of a 10-foot side yard setback with an aggregate of 25 feet. That's both from the Roosevelt Road properties and then the home down to the south. And then the minimum rear air setback is 40 feet. But as I mentioned, this is an extremely deep lot at this point. This future lot is approximately 1,060 feet in size, and as I mentioned, it's 3.61 acres in size. Both the existing or parent property as well as the future flag lot do meet the requirements of the city's ordinance as they pertain to a flag lot creation at this point. That concludes my report. I'll be happy to answer any questions from any of the commission members at this time. [7:20] Samuel Clark: Sam Clark. I have no questions. [7:50] Greg Zimmerman: There's no questions at all? Anybody have any? Sir, I don't know if there's anybody from the public joining us tonight or—I know that the applicant was not available. [7:50] Eric Johnson: I've not received any calls from members of the public, but I do not know if anybody online this evening wanted to speak to us directly or not. [8:18] Greg Zimmerman: Alrighty then, I guess we're looking for a motion. [8:18] Joe Wicklund: Did you open it up? I think somebody does want to speak. [8:50] Greg Zimmerman: Somebody waiting to speak? Go ahead and state your name and your address. [9:17] Perrell (Public): I guess I'll speak. I was waiting for my husband. My name is Perrell and I live at 5338 Roosevelt Drive. My husband is Mike Perrell; he's on this call but his microphone must not be working. We bought this lot and built our home here about 17 years ago. When we bought this lot, you could tell by the zoning of the lot behind us that theoretically, it would be woods behind us. That's part of the reason why we chose to build here. I think many of our neighbors have been the same for quite some time, and I know there's other neighbors on the call who kind of have similar feelings about that. But I guess that's what I have. I'm not sure if there's more that we can say or do, but I guess I would say that I'm opposed to this rezoning. [10:35] Eric Johnson: And just to clarify for everyone, this is not a rezoning in front of us this evening. This is still an R3 zoned property. This is a creation of a flag lot that would carry the characteristics of an R3 zoning district for it. [11:00] Michelle Emme (Public): My name is Michelle Emme, I'm actually the Perrell's next-door neighbor. I guess I have a question: if the person who owns that lot now wanted to keep—let's just say another family member came to town and they wanted to keep subdividing and keep building houses all the way back, is that a possibility? [11:21] Eric Johnson: This is Eric Johnson. No, the ordinance only allows for the creation of a single flag lot. It does not allow for any future subdivisions of that lot. The city ordinance only allows one dwelling unit per lot. So at most, there would be this created lot this evening if it passes, and there would be one home. There would not be the ability to create future homes or future subdivisions at any date in the future. [11:55] Michelle Emme (Public): Is there a restriction as to what type of home can go there? [11:55] Eric Johnson: As long as it meets our minimum square footage, which I believe is 792 square feet, and is greater than I believe it's 14 feet in width, we have no restrictions as far as the type of homes. You could not put a trailer back there. Any homes have to be affixed to a permanent foundation, whether it's a slab or some sort of a block foundation. [12:34] Michelle Emme (Public): Thank you. [12:54] Joe Wicklund: Mike's iPhone is raising their hand. Mike's iPhone, if you can hear us, if you could please state your name and address, please. [13:08] Mike Perrell (Public): Can you hear me now? My name is Mike Perrell, P-E-R-E-L-L. I live at 5338 Roosevelt Drive, part of Jackson Estates. Thanks for giving me the opportunity to voice my opinion. I'll reiterate what my wife said. I understand these are now legal—I've learned a little bit about flag lots today. I appreciate sharing that information. You know, the only thing I'm interested in is that there's really not a land shortage in the city of Hermantown. Plenty of land available. So I'm not sure why we think it's in our best interest to split lots up that existed that way for I'm not sure how many years. I don't really ever want to tell somebody what they can or can't do with their property. I don't envy you guys for having to make that decision. Apparently, these flag lots are legal, but I'm again I'm not really sure that that's in the best interest of the city. Because in theory, what you're telling me based on the diagram you showed is that the two lots south of this lot could also do the same thing with the same 40-foot flag lot, and then there would be these three single-family homes all back there. I'm not really sure that that's what the city of Hermantown wants, but I guess that that's up to you guys to decide. Thanks for the time. [15:43] Eric Johnson: Thank you for your comments. I appreciate it. Back in 2016, the city did change our ordinance to allow for flag lots. Honestly, they were specifically meant to help out these Jackson homes throughout the city. We have lots that are extremely deep, some lots are up to 1,600 lineal feet deep and anywhere from 130 to 190 feet wide. At the time, they did not meet the ability to subdivide under the R3. The city viewed this as an opportunity to add to some housing stock and still be able to utilize existing infrastructure that we had throughout the city. In the case of this lot, sewer and water is available on Ugstad Road. Once again, this was viewed as a way to help property owners utilize some of these lots that are extremely deep throughout the city. [17:03] Greg Zimmerman: Thank you, Eric. [17:16] Jared Hinks (Public): I have a question. My name is Jared Hinks, I live at 4128 LeVaque Road. I’m the third house north of this development. I'm just wondering what benefit does this have for the city? Is it a tax benefit? Because it seems to me that anything west of Stebner in Hermantown has been, in the last 10 years, developments of homes that are really nice homes instead of this densely populated structure. So I'm just wondering what is the benefit for the city? I also was wondering why is the multiplex— [18:30] Eric Johnson: Sir, if I could interrupt you, that's a later item for the agenda. We're on Item 5A. [18:49] Jared Hinks (Public): No sir, I thought you were talking about the proposed JP Holdings. I spoke out of turn then, sorry. [18:49] Eric Johnson: That's last on our agenda this evening. That'll be probably coming up in about 20 minutes to a half hour from now. [19:07] Don Kallos (Public): Good evening, my name is Don Kallos, K-A-L-L-O-S. I live at 4775 Anderson Road. Is this the Jackson home that's falling in, like the chimney separated from the building and it's been abandoned for quite some time? [19:36] Eric Johnson: No sir, that's located on LeVaque. This home is over at Ugstad, just south of Jackson Estate's first addition. [20:00] Don Kallos (Public): Thank you for that clarification. Next one is—you mentioned that they could only put a single-family home on there. What would be the waiver process for them to put on, say, two or more houses? [20:00] Eric Johnson: As far as that particular lot, the flag lot only allows for our ordinance one single-family home on it. No further subdivisions of that lot could happen. [20:35] Don Kallos (Public): You waive ordinances quite regularly, though. All right, thank you, sir. [21:00] Joe Wicklund: We have Mike raising his hand here again. [21:00] Mike Perrell (Public): Hey, sorry, one more thing. Does the city concerned about that lot and its potential wetlands? Is there enough land of that 3.61 acres to place a home? How will that affect everything downstream? [21:47] Eric Johnson: Like I said, this evening we're just looking at the subdivision of land. When the application would come in for the building structure, we'd verify where they want to locate that on the lot. Staff has looked at the national wetland inventory. It is not showing wetlands on this particular lot, at least in the area that the person has indicated they were interested in building. [22:33] Michelle Emme (Public): Just to clarify, the wetland right now if you look at your maps on the computer, it kind of starts behind my house and then fans out behind the Perrells' house and further west. It was always my thought that there was no way you could build on that lot. But I want to understand: we're just talking about the half-acre at the far end closest to the existing structure, correct? [23:18] Eric Johnson: This evening is just a subdivision of land that's being discussed, not the location of the structure per se. And ma'am, can you give your name again for the record? [23:55] Michelle Emme (Public): Michelle, last name is Emme, E-M-M-E, and I'm at 5330 Roosevelt Drive. [24:11] Mike Yakovich (Public): I have a question. This is Mike Yakovich. My son owns the house next door, Marco; it's 4219 Ugstad Road. You showed on your print there the driveway is going to be going to the north between his house and 4211. About where would that go? Is that 40-foot going to be all driveway? [25:00] Eric Johnson: The proposed lot is 40 feet in width. He has to keep a minimum of 10 feet from your son's southerly property line. Once again, we've not seen any sort of building application or driveway at this point. This is strictly about the subdivision of the land. [25:35] Mike Yakovich (Public): How is this going to affect the home values? [25:44] Eric Johnson: We generally don't look in the marketability that way. Hermantown properties have continued to rise through the years. This would be a brand new structure on a newly created residential lot. [26:06] Corey Colquist: Eric, it might be worth pointing out that with 10-foot setback to the north and a 10-foot setback to the south, he could only have a 20-foot driveway. [26:06] Eric Johnson: That is correct. [26:38] Libby Vuxen (Public): My name is Libby Vuxen, 5324 Roosevelt Drive. When you receive the actual building plans, will we be notified again? [26:52] Eric Johnson: No, you would not. This is strictly a building permit at that point. There's no public hearing for that. [27:38] Libby Vuxen (Public): So what I'm seeing here as Parcel A—which I'm not sure whether that's the flag lot or not—it's behind the existing homestead, so it won't necessarily be right there? [27:50] Eric Johnson: The newly created flag lot, as long as they meet the minimum setbacks, can place a house anywhere within that buildable area. [28:45] Corey Colquist: Commissioner Zimmerman, this is Commissioner Colquist. Based on the facts that this flag lot meets and exceeds the city ordinance set forth in 2016, I move we approve agenda item 5A as stated. [29:10] Shannon Sweeney Jorgensen: Second. [29:21] Eric Johnson: We’ll need a vote on that, please. [29:21] Greg Zimmerman: Item 5A, motion to approve. All in favor say aye. [29:30] Group: Aye. [29:30] Greg Zimmerman: All right, no opposes. We're good to move on. Eric? [29:56] Eric Johnson: Item 5B is a 5747 Hermantown Road Special Use Permit for filling and grading in a shoreland overlay zone. The next three applications—Item 5B, 5C, and 5D—are all related. This is the Ingwalls facility which is located at 4747 Hermantown Road. What we're looking at this evening is the northern 8.7 acres of this property. [31:41] Eric Johnson: This is the land that is north of these existing buildings. This is primarily where the corn maze had been. This line in green is the 300-foot shoreland area. The city adopted the shoreland ordinance as part of our comprehensive code. Any filling or grading activity within the shoreland area requires a Special Use Permit. The applicant is going to be required to follow all the rules. There will be no allowed impervious surface clearing, grubbing, or grading allowed within 50 feet of the ordinary high water line of Keene Creek. The topography of this land is quite a bit higher than the existing Keene Creek. I'd be happy to answer any questions pertaining to the Special Use Permit at this time. [35:57] Greg Zimmerman: Eric, we have looked at this project already and had public hearing on it, and so we're not looking at the whole project necessarily, is that correct? [36:42] Eric Johnson: That's right. Back in 2019, the only thing that had been reviewed was a preliminary PUD. This is just looking for the Special Use Permit for the grading and filling activities associated with this development. [37:45] Samuel Clark: Eric, how often are shorelands disturbed? [38:00] Eric Johnson: We primarily get three to four applications a year for work within a shoreland area. A lot of the land within our shoreland areas already has quite a bit of activity and homes within them. It's a pretty common occurrence here in the city. [38:45] Corey Colquist: What is the storm water runoff plan being so close to this creek? [39:00] Eric Johnson: The storm water is going to be collected to the south of these units. That water will be directed into the stormwater pond and not into the creek. That area will still remain in an undisturbed natural area. These two lines right there—that's the Hermantown Munger Trail, which is currently under construction. So everything to the east of that is all undisturbed. [40:15] Corey Colquist: How is the high water level determined? [40:32] Eric Johnson: We work quite a bit with the DNR on these things. They've done a lot of cross-sectional analysis of these watersheds. We will work with the DNR just to solidify what that particular number is. [41:40] Samuel Clark: Mr. Zimmerman, are we open to the public yet? [42:01] Greg Zimmerman: I'm sorry, I lost connection. I missed pretty much just all you said here the last 60 seconds or so. [42:15] Eric Johnson: Mr. Colquist had asked some questions. We did have a member of the public wanting to ask a question. Joe, check the waiting room. [43:35] Barb Albert (Public): Barb Albert, 3881 Haynes Road. On the picture we were just looking at, how close are you going to get to the creek in changing the landscape or the runoff? [45:15] Luke Seidl: That black line—that's the designated wetland. [45:30] Eric Johnson: All of this land going from the east of that trail to the red line is all undisturbed. They won't be leveling it or doing anything with it. [46:22] Paul Johnson (Public): Paul Johnson, 3884 Ockerstrom Road. How many feet is it from the building area to that wetland? [47:01] Luke Seidl: It’s hard to put an exact dimension to it, but it's a minimum of at least 50 feet. I'm Luke Seidl from SAS Associates, by the way. We have used the trail as a boundary for construction and development. [48:15] Eric Johnson: The Hermantown Technical Evaluation Panel has looked at this property. Any wetland disturbances have all been approved by St. Louis County and the Board of Water and Soil Resources. [49:10] Paul Johnson (Public): In that property area, it's listed on your website as National Wetlands. [49:21] Eric Johnson: Yes, those wetlands have been delineated. Everything to the east of that trail is not wetland; it's upland area. [51:24] Samuel Clark: Sam Clark, Planning and Zoning. I understand that "shoreland" is a term to name something. Is the nature of this area a true shoreland, or is it more of a delineation on a map? [51:53] Eric Johnson: It’s a line on the map, but it has to do with a setback from a water feature. It's a little bit different animal as opposed to Pike Lake or Lake Superior, but it still has to do with a natural water body. [54:42] Corey Colquist: Based on the facts that this has been vetted at the federal, state, and county level, I move to approve agenda item 5B as stated. [55:40] Tracy Lundin: I'll second it. Tracy. [55:45] Greg Zimmerman: All in favor for item 5B, say aye. [56:00] Group: Aye. [56:16] Greg Zimmerman: Move on to Item 5C. Still at 4747 Hermantown Road, variance from building setbacks in a shoreland overlay zone. [56:30] Eric Johnson: Great, thanks again. Associated with our shoreland areas, there's a 150-foot structure setback from the ordinary high water level. The applicant is proposing a 100-foot proposed building setback this evening. That area encompasses essentially three primary residences and four garage structures that would be closer than that 150 feet. [58:18] Samuel Clark: Eric, in the city's perspective, does the building setback variance meet the intent of protecting the surrounding area? [59:00] Eric Johnson: Yes, we do. We've gone down as far as a 78-foot setback in the past. There's still a green filter strip located there that helps additionally with runoff. [1:00:25] Corey Colquist: What is a rough elevation change from kind of where that trail is down to that creek? [1:00:45] Luke Seidl: We're looking at at least 8 or 10 feet above Keene Creek. [1:01:50] Barb Albert (Public): Barb Albert, Haynes Road. It saddens me that we're losing so much of our green space. I think of losing 50 feet more of what would be just simply wild and green. Why would you have to do the 50-foot? Why couldn't you keep it where it should be? [1:03:14] Paul Johnson (Public): This is Paul Johnson again. I do have a problem with decreasing the setback down to 50 feet. Why are we changing our city ordinances that were there to protect our streams? As far as the trail is concerned, it's a paved trail. With a paved trail, there's less filtration in the ground because the water is going over the trail into the creek, is that not correct? [1:04:02] Eric Johnson: It is a paved trail, but it is always greater than 50 feet from the creek. [1:05:15] Luke Seidl: A lot of the area that we're talking about is already being farmed for corn fields and other activities. We're really not proposing much different than what's happening in today's activities. [1:06:41] Corey Colquist: And correct me if I'm wrong, but isn't the storm water catches put in place to prevent any of these chemicals from entering the streams? [1:07:05] Eric Johnson: Yes. Any potential runoff from new paved surfaces will be caught and brought into a best management practice—i.e., a pond. [1:08:12] Corey Colquist: And just to clarify, the trail that's being put in place has nothing to do with this project, correct? [1:08:35] Eric Johnson: That is correct. [1:10:45] Tammy Johnson (Public): My name is Tammy Johnson, 3884 Ockerstrom Road. If your watershed or containment fails, who is responsible for the cleanup? [1:11:15] Eric Johnson: The developer would be owning the ponds. If there's any catastrophic event—and I hate to say it, we design for 1, 5, 10, and 100-year events—the city would be looking at the developer and looking at potential cleanup. [1:12:15] Don Kallos (Public): Don Kallos, 4775 Anderson Road. The trail was moved to allow this development. We've done some talk about impervious surfaces. This is Phase 1 of this development. The only reason why we're doing setbacks on this is for profits. That's it. Are we going to destroy the stream more than we have to, other than so the owner of that property can put in three more houses for profits? [1:15:45] Samuel Clark: If there are any more public comments on the 50-foot variance? I understand there's a few challenges in complying with the Hermantown zoning code. [1:17:15] Luke Seidl: We pushed the trail back for the benefit of the people so the adjacent neighbors could access the trail along Keene Creek. [1:18:25] Sandy Hoff (Applicant): Sandy Hoff for the record, 800B West Railroad Street. What we have found is that the cost of construction is extremely high. Without the 26 lots that are proposed for this development, it is not financially feasible. It's not about making more money; it's about actually being able to construct a development at all. The response from the community was that they wanted affordable lots in the $350,000 range. We need 26 lots to make the economics work. [1:19:55] Eric Johnson: I’ll just touch further on that. That trail location has been shown as part of the 2014 master plan for the Munger Trail. That was always the envisioned alignment. [1:22:15] Greg Zimmerman: Can I get a motion on Item 5C? [1:22:15] Samuel Clark: I'll make a motion in 5C to approve. [1:22:45] Corey Colquist: I'll second. [1:23:15] Greg Zimmerman: Motion passes. Item 5D, a Final Planned Unit Development for 4747 Hermantown Road. [1:23:45] Eric Johnson: This is a Final Planned Unit Development application to construct 26 single-family lots on 8.7 acres. The proposed application is consisting of a series of one-and-a-half to two-story home structures. They would be a minimum of 1,500 square feet of living space. There's a north-south road that would be a public roadway built to city standards. These homes would get access by way of private alleyways. This type of housing development is known as "New Urbanism." Minimum lot size is approximately 3,825 square feet. [1:33:45] Corey Colquist: How many parking spots are they going to have in this development? [1:34:02] Eric Johnson: There appears to be 12 off-street parking spaces, and then each home will have the ability to have anywhere from one to two cars. [1:34:35] Corey Colquist: And those alleyways for those garages—is the setback enough for snow removal? [1:35:10] Eric Johnson: That's something the HOA is going to have to work with. The city will only maintain the north-south roadway. [1:36:20] Sandy Hoff (Applicant): That is correct. We suspect that we'll have restrictive covenants as to what could be parked there long-term, so people can't put their large boats out there year-round. [1:38:04] Paul Johnson (Public): This is Paul Johnson again. Are we changing another ordinance to allow them going from a half-acre lot to less than that? This to me looks like a West Duluth project in Hermantown. [1:39:15] Eric Johnson: A Planned Unit Development (PUD) is allowed within an R3 zoning district. The city has the ability per the PUD to set different lot sizes and densities. [1:42:15] Don Kallos (Public): Don Kallos here. At a $350,000 price tag, this is not really affordable housing in Hermantown. Twelve additional parking spaces is less than one per unit. You're going to blow through your parking pretty quickly. Is the city of Hermantown willing to walk away from it if it's not the right project? I got a feeling you already got too much skin in the game to say no. [1:45:45] Eric Johnson: Right now, new construction in Hermantown is eclipsing $500,000 for a single-family home. This is an opportunity to create a development for a type of housing product that the city doesn't currently have. This is a development that's not for everybody, but we want to have the ability to have a different product. [1:51:05] Myrna Johnson (Public): Myrna Johnson, 4774 Anderson Road. Regulations state that a new development must be situated so citing doesn't impact or interfere with backyard privacy of neighboring properties. Will that regulation be followed? [1:52:05] Sandy Hoff (Applicant): This neighborhood is specifically designed so that the front porches of the homes face each other in the common green space. [1:52:38] Eric Johnson: There’s a buffer of pine trees all along that area. Given the setbacks and the depths of those lots, it appears that the plan is in keeping with that. [1:56:20] Kevin Sheaf (Public): Kevin Sheaf, 4777 Anderson Road. With 50 plus cars a day coming in, is that going to be a controlled intersection on Anderson? [1:57:06] Eric Johnson: Anderson will continue to be a throughway. We have been discussing the addition of signage. [1:57:47] Olivia Kallos (Public): This is Olivia Kallos at 4775 Anderson Road. The top of this road gets very slick in the winter. We've had many accidents here. What are you going to do for the entryway of that road? [2:03:00] David Bolf (City Engineer): This is David Bolf, the Hermantown City Engineer. We are actively looking at this roadway. We've been tasked to come up with a safety plan. We have heard your concern and we are addressing it. [2:11:30] Tracy Lundin: I move to approve Item 5D. [2:11:45] Corey Colquist: I'll second. [2:12:07] Greg Zimmerman: Motion passes. Item 5E, JP Holding LLC for a Preliminary and Final Planned Unit Development for 18 townhomes and a 72-unit apartment building at 50XX Maple Grove Road. [2:13:12] Eric Johnson: City Hall is located in the northwest corner of the intersection of Maple Grove Road and LeVaque Road. This site has since been approved for an assisted living facility. Before us this evening is the adjacent 10-acre site. The applicant is proposing 18 townhomes. As you move to the north is the proposed 72-unit apartment building. The height of that unit is 35 feet, which meets the underlying R3 zoning. [2:26:15] Tracy Lundin: Is this market rate housing? [2:26:45] James Tolego (Applicant): Yes, that is market rate housing. [2:26:45] Tracy Lundin: Target market? [2:29:15] James Tolego (Applicant): demographics are suggested that we stay at studio and one-bedroom apartments. We could envision many seniors for this project as well as single couples. [2:31:38] Samuel Clark: I have a few concerns. One is previous resident non-approval with the property just to the east. In my opinion, it's not consistent with the comprehensive plan. [2:33:45] Michael Coppy (Public): Michael Coppy, 5124 Beaver Creek Road. This meeting is getting pretty late, it's almost 10 o'clock. This one has probably got five times the density that the other property had. Residents have already spoken about this; I just can't understand why the city is bringing this forward again. [2:36:30] Jared Hinks (Public): Jared Hinks, 4128 LeVaque Road. Has there been an analysis done on the terrain? That multiplex is in direct line of sight of the properties surrounding me. [2:38:15] James Tolego (Applicant): The plan actually calls for cutting that grade four to six feet. [2:44:13] James Tolego (Applicant): Our target is for-sale units, and our starting price is $300,000. We do see a large need for new homes in the area. [2:50:57] JP Brooks (Public): This is JP Brooks, 4194 LeVaque Road. We approved a 110-unit assisted living facility on the corner. We haven't broken ground on that yet, so we don't know what the full impact is, but yet we're moving forward with Phase 2. [2:52:45] Wayne Boucher (Mayor): Mr. Brooks, Mayor Boucher here. The comprehensive plan is currently under review. [2:54:30] Corey Colquist: Are we responsible for deciding whether this PUD fits in the community? [2:55:00] Eric Johnson: You as the advisory board, both from a zoning standpoint and if it generally fits within the community. [2:56:21] Samuel Clark: Sam Clark, Planning and Zoning. I would personally motion to deny application 5E as stated. [2:57:56] Greg Zimmerman: Do we have a second for the denial? [2:57:56] Shannon Sweeney Jorgensen: I will second the motion. [2:58:20] Wayne Boucher (Mayor): The council wants to deny it, they will vote "yes." [2:59:15] Greg Zimmerman: Roll call. Shannon? Shannon Sweeney Jorgensen: Yes. Greg Zimmerman: Sam? Samuel Clark: Yes. Greg Zimmerman: Tracy? Tracy Lundin: No. Greg Zimmerman: Corey? Corey Colquist: No. Greg Zimmerman: Myself? I'm voting yes. That is three "yes" votes to deny. [3:00:18] Eric Johnson: That application was denied on a 3-2 vote. [3:02:38] Greg Zimmerman: I am looking for a motion to close the meeting at 10:10 PM. [3:02:38] Tracy Lundin: Lundin takes the motion. [3:02:38] Corey Colquist: Colquist with a second. [3:03:25] James Tolego (Applicant): I was just going to ask the commission what they would like to see for that 10 acres because we will pursue something on it. [3:04:00] Wayne Boucher (Mayor): I don't think that's an appropriate question for the commission. The commission is tasked with following certain procedures. It's not an appropriate question for the body. [3:04:14] Greg Zimmerman: Meeting closed. Thank you, everyone.