2023.04.10 - MinutesApproved Planning Commission Minutes – April 10, 2023
CRYSTAL PLANNING COMMISSION
MINUTES
Monday, April 10, 2023 at 7:00 p.m.
Council Chambers, Crystal City Hall
1. CALL TO ORDER
The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the
following members present:
X Commissioner (Ward 1)
Sears [Vice Chair]
X Commissioner (Ward 2)
Selton [Chair]
X Commissioner (Ward 4)
Einfeldt-Brown [Sec. Vice
Chair]
X Commissioner (Ward 1)
Heigel
X Commissioner (Ward 3)
Maristany
Commissioner (Ward 4)
Johnson
Commissioner (Ward 2)
Strand
Commissioner (Ward 3)
Buck
X Commissioner (At-
Large) Scholz
Other attendees: City planner Dan Olson, City Council liaison Therese Kiser, Community
Development Director John Sutter, Dan Brown and Robbie Latta, both representing Hampton
Companies, Michelle Affronti and Michael Pate, both representing Amarok LLC, and other
interested persons.
2. APPROVAL OF MINUTES
Moved by Heigel and seconded by Einfeldt-Brown to approve the minutes of the March
13, 2023 regular meeting. Ayes: Maristany, Heigel, Selton, Einfeldt-Brown, and Scholz.
Abstain: Sears. Nays: None
Motion carried.
3. PUBLIC HEARING
a. Subdivision (preliminary plat) and Rezoning to Planned Development request from
Hampton Companies for proposed townhomes at 3401-3415 Douglas Drive North
(Application 2023-03).
Planner Olson presented a summary of the staff report and stated he is
recommending approval of the preliminary plat and rezoning request.
Commission member Heigel said he suggests not having a swamp white oak planted
in front of the townhomes along Douglas as they get quite large. Mr. Brown said they
are open to having different species. Planner Olson said the Commission could add a
condition of approval to replace that tree with a smaller tree species.
Commission member Maristany is concerned that visibility will be impaired at the
intersection of 34th and Douglas by the reduced building setback. Landscaping may
also add to that impairment. Planner Olson said that buildings and landscaping will not
be located within the visibility triangle at that intersection.
Approved Planning Commission Minutes – April 10, 2023
Commission member Maristany asked where snow removal will occur and will this
impact the existing townhomes to the north. Planner Olson said that snow will be
primarily stored in the stormwater swale on the north end of the site. Mr. Sutter said
that the grading along the north property line will be such that any water from the snow
melt will be carried east, not towards the existing townhomes.
Commission member Maristany asked if there should be a main entrance door facing
Douglas, to match single-family homes in the area. Planner Olson said any homes are
located quite a distance across Douglas Drive, and the west side of Douglas has
townhomes that face south, not towards Douglas. Each townhome will have
landscaping along Douglas. Mr. Sutter said ideally the townhomes would have an
urban form as she is proposing, but since the County does not allow parking on
Douglas, any front doors would be merely decorative. Maristany asked about the
safety of patio doors on a busy street where break-ins can occur. Mr. Brown said there
will be a decorative fence in front of the patios which can inhibit break-ins. Mr. Sutter
said the city’s policy for this property is guided by the R-2 density and to meet that
density, its necessary to have reduced setbacks.
Commission member Heigel said that the fencing in front of the patios may inhibit
EMS personnel from reaching the interiors of the units for medical emergencies. Mr.
Sutter pointed out areas where there will be fence openings to access the units.
Commission member Sears asked about soil correction from the previous gas station
use. Planner Olson discussed the soil clean-up process that will happen when the
applicant constructs the buildings. Underground tanks were removed shortly after
demolition of the gas station.
Commission member Maristany asked about storm shelters for the townhomes. Mr.
Brown said residents will have a window-less area in the back of the units where they
can shelter.
Commission member Scholz asked if the applicant thought about increasing the
building setback along Douglas. Mr. Brown said the setbacks were determined to
allow adequate vehicle movement to the garages. Mr. Sutter said the County would
not allow driveway access off of Douglas. Scholz asked if the units were to be sold or
rented. Mr. Brown said if interest rates continue to be high, they would sell the units.
Mr. Olson suggested adding a variation for the PD that fences can be up to 5 feet
rather than the maximum 4.5 foot limit in the R-2 district.
Commission member Maristany asked what demographic might live in these
townhomes. Mr. Brown said typically young professionals or empty-nesters, but the
units may also sell to families with children.
Chair Selton opened the public hearing.
An interested person from the public said he is interested in working with the applicant
to install a fence where his property meets the proposed parking lot.
An interested person from the public said she is opposed to the development. She
drives down 34th Avenue quite often and believes that the building setback will impair
Approved Planning Commission Minutes – April 10, 2023
visibility for turns on to Douglas Drive. The site layout does not provide sufficient room
for snow storage. She does not want these units to be rented as there are enough
rentals in Crystal. She said Crystal needs larger homes for families, not townhomes.
Hearing no one else from the public who wished to speak, Selton closed the public
hearing.
Planner Olson said he would like to address the site visibility comments. Although the
buildings will be 13 feet to the property line, the buildings would also be 20 feet from
the sidewalk and 28 feet from the existing curb on Douglas.
Moved by Scholz and seconded by Sears to recommend approval to the City Council
of the subdivision and rezoning applications for Hampton Companies for the property
at 3401-3415 Douglas Dr N., with the added 5’ maximum height for fences along
Douglas. Ayes: Heigel, Einfeldt-Brown, Sears, Selton, and Scholz. Nays:
Maristany.
Motion carried.
b. UDC text amendment request from Amarok LLC to amend requirements for electric
fences (Application 2023-04).
Planner Olson presented a summary of the staff report and stated he is
recommending denial of the text amendment request.
Commission member Maristany asked if the police department had any comments on
the amendment. Planner Olson said the police did not provide comments on the
proposed ordinance.
Commission member Scholz asked if a specific property owner has asked for an
electric fence. Mr. Pate said they do have a client asking for this fence type.
Commission member Heigel said there may be city liabilities if someone is injured
because of the electric fence. Mr. Pate described how Amarok’s fencing system
works. For the ordinance amendment, he referenced standards for electric fences but
these are not adopted in all states. The fences greatly reduce property break-ins. Mr.
Pate said Amarok carries liability insurance for each property and people are not
injured by these fences.
Commission member Maristany asked if the fences would harm wildlife. Mr. Pate said
no. A person would receive a 15-20,000 volt shock if they impact the electric fence.
Commission member Heigel said the fence is similar to what he’s seen on farms, and
he’s seen a 1,000 pound steer knocked to its feet. Mr. Pate said the shock with
Amarok’s fence would be less than what would happen on a farm.
Commission member Maristany asked if the solar panel would not provide the energy
needed to run the fence. Mr. Pate said there are auxiliary mechanisms to step in when
the solar panel is not working.
Commission member Sears said he’s familiar with electric fences - people would not
be injured by these fences and they are a deterent to crime.
Approved Planning Commission Minutes – April 10, 2023
Mr. Sutter said although the applicant said these fences would not be allowed in
residential districts, the ordinance they submitted states otherwise. Any fences that
would be installed under this ordinance would remain even if the city later repeals the
ordinance. City staff has no knowledge of a specific property owner who would like an
electric fence so we can’t verify if the applicant’s claim is true. The city would like to
encourage investment through indoor storage in a building, not outdoor storage
enclosed by an electric fence.
Mr. Pate said his intent is not to allow electric fences in residential areas so he’s
willing to change the draft ordinance to reflect that.
Commission member Maristany said the City Council might study the issue more in-
depth to see the need for an electric fence ordinance, rather than approving this
ordinance language. Mr. Sutter said an application has been submitted and Amarok is
asking for a response from the Planning Commission and City Council on the specific
application they submitted.
Commission member Heigel said he doesn’t see the need for electric fences in
Crystal. May other cities have also said no. Commission member Scholz said she’d be
open to electric fences on a case by case basis, but this ordinance is not appropriate
as submitted.
Hearing no one from the public who wished to speak, Selton closed the public hearing.
Moved by Heigel and seconded by Maristany to recommend denial to the City Council
of the text amendment application for Amarok LLC, based on the findings in the staff
report. Ayes: All. Nays: None.
Motion carried.
4. OLD BUSINESS - None
5. NEW BUSINESS
a. Conformance to Comprehensive Plan – sale of 3401-3415 Douglas Dr N. Moved by
Einfeldt-Brown, seconded by Sears to make the determination that the sale of 3401-
3415 Douglas Dr N is in conformance to the Comprehensive Plan. Ayes: All. Nays:
None.
Motion carried.
6. GENERAL INFORMATION
• City Council actions on previous Planning Commission items: Olson stated that the
Council approved the site plan for the new office warehouse at 5208-5216 Hanson Ct
N.
Approved Planning Commission Minutes – April 10, 2023
• Update from Council Liaison: Council liaison Kiser said the City Council has had some
meetings to review plans for the Blue Line LRT station. Council interviews for the
vacant position will wrap up by this Thursday.
• Staff preview of likely agenda items for Monday, May 8, 2023 meeting.
Planner Olson said the application deadline date is not until tomorrow, but one item for
the May meeting will be a presentation by the consultant working on updating the Blue
Line Extension LRT station area plan. Mr. Sutter said a community meeting on the
update will occur by early June.
7. OPEN FORUM - None
8. ADJOURNMENT
Moved by Einfeldt-Brown and seconded by Selton to adjourn. Ayes: All. Nays: None
Motion carried.
The meeting adjourned at 9:14 p.m.