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HomeMy WebLinkAbout07-25-2005 PCM( CITY OF LAKE ELMO 3800 LAVERNE AVE LAKE ELMO, MN 55042 C Phone: (651) 777-5510 Www.LakeElmo.Org Fax : 777-9615 1. Pledge of Allegiance 2 . Agenda 3 . Draft Minutes a . July 11 , 2005 4. PUBLIC HEARING: Lake Elmo Planning Commission MEETING NOTICE Monday, July 25, 2005, 7:00 p.m. In Council Chambers Lake Elmo City Hall 3800 Laverne Ave. N . Lake Elmo, MN 55042 AGENDA DEER GLEN -OP Co n cept Plan 5. PUBLIC HEARING: DISCOVER CROSSING -OP Preliminary Plat 6. PUBLIC HEARING: PARK MEADOWS-RE Preliminar y Plat 7. City Council Update City of Lake Elmo Planning Commission Meeting Minutes July 25, 2005 APPROVED: 08/22/05 Chairman Helwig called to order the meeting of the Lake Elmo Planning Commis sion at 7:00 p .m. COMMISSIONERS PRESENT: Sedro, Ptacek, Lyzenga, Fliflet, Schneider, Pelletier, Van Zandt, and Roth (7:25 p.m.). STAFF PRESENT: Planner Dillerud, Administrator Rafferty, Recording Secretary Schaffel. ALSO PRESENT: Mayor Johnston. Agenda M/S/P, Sedro/Lyzenga, To accept the Agenda as presented. VOTE: 8:0. Minutes Commissioner Sedro, first page, that segment should not be on the plan because of bikes going through anyway. She said she wanted small pockets of RAD2 so it would not be a burden on surrounding neighborhoods. Commissioner Fliflet, Page 4 , Thinks a workshop is in order due to the money involved in preparing the drafts. She asked the audience if they are still opposed to the changed trail in the Eden Park neighborhood. She did not feel RAD2 should be no1th of 10th Street; there are other areas of the city in the outer limits that would be more appropriate, and we have already burdened south of 10th Street enough. M/S/P, Fliflet/Van Zandt, To accept the Minutes of July 11 , 2005 as amended. VOTE: 7:0: 1 Abstain: Pelletier-Absent. PUBLIC HEARING: OP Concept Plan -DEER GLEN The Planner explained that on April 28 the City Council approved a preliminary plat, and a Comp Plan Amendment and rezoning for the church portion of the site. City Council asked the applicant to return to the Planning Commission utilizing 20 additional acres of the 108 acre site acres within the residential subdivision . The concept now includes 68 acres, and the lot count is now at 26. The Planner said the concept may continue to be inconsistent with the Comprehensive Plan due to flood plain modification is sue s . The Planner recommended approval with 5 conditions as well as compliance with recommendations of the city engineer, city attorney, VBWD, a single source water supply, Hwy. 36 intersection improvements, and the development stage plan should include a plan for year-round screening on the west side of the site. Grant Nelson, Applicant Mr. Nelson said the agreement with the City Council was to add 20 acres to their OP proposal. In contention was the 20 acres, not the site grading on the original s ubdivision plans. Commissioner S c hneider asked about the original 18 home s ites. He said it appears there is a lot o f dirt being moved, and he asked how many yards would be moved. Paul Danielson, Kimley-Horn Mr. Danielson did not recall the total amount of dirt being moved. His guess was about 85 ,000 yards. He said they are balancing the s ite with cutting and filling to balance floodplain storage, and they are stay ing out of the trees. He said a little fill will be ne cessary on both cul de sacs. Changes with thi s concept from the last were the addition of the northernmost lots and open space on the entry comer at the northwest corner of the s ite. The C hurch is at grade with a walkout to the s outh. He directed their attention to a map of greater than 4 : 1 s lopes . He said there are I .12 acres of s lopes greater than 25%, it is a very small portion of the s ite. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:25 P.M. Lake E lmo Planning C ommiss ion M e eting Minutes of July 25, 2 005 APPROVED: 08/22/05 Nobody came forward to speak. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:26 P.M. Commissioner Ptacek asked about pa rcel C . Mr. D a ni e lson said it is rema ining but 150 feet of it is withi n the power l ine easement. Comm iss ioner Sedro asked if th e re is a limit to the a mount of di1t that can be brought in to this s ite. The Planner sa id there is no requirement that it be balanced. There is no maximum. The issue addressed is drainage, not quantity. Commiss ioner Sedro asked about pa rcel C, a nd h ow much of it is u sab le. The Planner said not much between buffers and power lines. H e said that most of the time the power company wi ll not approve construction of structures; even the he ight of trees is regulated in the easem ent. Commissioner Fliflet said she wou ld like to hear about the Keats intersectio n . Mr. Danielson said the church is prepared to make the identified improvements. Council approval was conditi o na l up on construction o f the¾ interse ction. Mn/DOT's recommendation was a d o pted by the C ity Counc il. He said tha t li st origi nated from the c hurc h 's traffic study. Comm iss ion Sedro said the C ity Code specifi es a c hurch mus t be on a major co llector street. This concept s hows they h ave added ho uses o n that street. Commiss ioner Ptacek said if the septic is h andled and drainage is settle d, he is confident this is a plan that works. M /S/P, Ptacek/Lyzenga, to approve the Comprehens ive Plan Amendme nt a nd Rezoning and the Concept Plan for DEER GLEN with conditi ons 1-5 in the Planner's st aff report based on the Findings in the staff report but d is missing F inding No. 1. Commiss ioner Schneider said there a re two r eferences in the Comp Pl an regard ing e nv ironmenta l protection. He said that walking through this pa rcel it fails w ith respect t o environmental protection. He will n ot s upport approval because the a pplicant s h ould be listenin g to the land. Commissioner Pelletier asked if there was a decision for drainage and fl ood plain . T h e Planner said VBWD is dealing w ith erosio n control, and h as already issued a permit. H e said the City Council did n ot a ddress that issue or reject the earlier plan based on that issue. Commissioner Roth arrived at 7:30 p.m. Commissioner F liflet asked for c larification about the amount of dirt being moved and a ll th e grades that are being c hanged. Commissioner Schn eider said we mu st look to the Comp Plan; t hat we represent th e entire c ity n ot just t he applicant. He agrees w it h the Planner's first finding. VOTE: 7:2, Nay -Schn eider/Sedro-Sedro said that s he would like the applicant to address the drain age issues. PUBLIC HEARING : Preliminary Plat, Development Stage Plan - DISCOV ER CROSSING The P lanner said that the C ity Council approved t he OP concept on May 17 w ith numerous conditio ns . He said the preliminary plat generally compli es w ith des ign standards o f C ity Code. Setback o n th e sout h portion of the sit e has been increased to 200 feet. There is o nly 100 feet buffer to the west, w ith no Lake Elmo P lanning Co mm iss ion Meetin g Minutes of Ju ly 25, 2005 2 APPROVED: 08/22/05 explanation as to how alternative screening measures will be provided .. Water will be served by city water from a single so urce He repo1ted that initially, outlots would be created for three additional lots should OP density change. U nder current density, the parcel qualifies for 25 lots but with new OP density being contemplated by the C ity Council it will qualify for 28 building lots. The Planner said the project is compliant with OP standards and responsive to conditions of concept approval. He recommended approval with 5 conditions including the west buffer, remove the sign , 25-28 lots , and compliance with VBWD, the City Attorney, and City Engineer. Commissioner Schneider said the bridge picture seems to indicate another marker or sign there. He asked if the bridge will be the City's to take care of. He said it is overblown for a residential development. He said the city might suddenly have to maintain it with all the retaining walls. The Planner said yes, if in the right of way unless other arrangements made. Tim Freeman, FFE He presented copies of a cross section showing 25' pine trees along the west site boundary as permanent screening to suppmt a 100 foot buffer. He said the plaque on the bridge is a memorial to Mr. and Mrs. Lundquist. The bridge details a large culvert dressed up with retaining walls, and the HOA is supposed to maintain it as well as the planting. He said the bridge could be removed and everything will still function. He said there is no additional liability to the City. The culvert/tmmel will meet all design standards of the City Engineer's requirements. He said there was an oversight on the plan, the one-way street will be 14 feet. The "T" turnaround was supposed to be a cul de sac but the city wanted trees saved. He said it is not normally a city standard but the city indicated they wanted it. With regard to technical issues of the septic system, and additional drainfield is s ues, he asked the Pla1ming Commission to defer to MPCA design and review experts. The trail proposed is no additional burden on the city either. A porti o n of the street is stamped to indicate the area for pedestrians to walk. If residents want it when the street is repaved, they should pay the extra assessment to have that portion stamped again. Mark Putman, Mr. Putman said the applicants now have tree survey data. They studied the grades to save the trees leading to the divided lane in the road. In the bridge area, once past the two trees there is one more burr oak, so they shifted things to protect it and to minimize construction traffic. Most sites have been located to best position houses and garages as well as streets and trails within the trees. Their design goes above and beyond any regulations anywhere in the Twin Cities that he is aware of. The bridge allows another exposure to the vista of open space. He said they tried to minimiz e the impact of the road. They are trying to create the circumstance of arched tunnels of trees with narrow roads. He said there are subtle ways to slow a car such as to narrow width of the road, with perceived width reductions, closer to trees, rumble strips, and colored pattern stamped asphalt. The quality of design is a reflection on the City and the neighborhood. It is more costly but the applicant is trying to do something better. There is more than the required amount trail. The patterned asphalt on the bridge will make noise as you go over. Few people speed past a beautiful view with a little rise and a rumble to it. H e said the entry name memorializes a great man who meant something to kids. It is comprised of natural stone about 4 feet high by 3 feet wide. He said it is subtle and laid back but there is distinction to it. Commissioner Fliflet asked if the 5 feet wide stamped trail runs alongside all road within the development. Mr. Putman said that it does. Commissioner Sedro asked about preserving trees around the houses. How will they preserved if someone does not want them? Mr. Putman said they will be preserved by the HOA. Pennits w ill be required from the City as well as the design review committee. No tree can be removed unless absolutely necessary. That is why every tree has been located. Home s ites have been designed with trees in mind. Trees will rema in as buffers at street, back, and between homes . Lake E lmo Planning Commiss ion M eetin g Minutes of July 25, 2005 3 APPROVED: 08/22/05 Commissioner Sedro suggested putting m oney into escrow for the trail experiment, in case it does not work. Mr. Putman said the length meets/exceeds the trail requirement. If it does not look good, it goes away when it get s seal coated. Mr. Freemari said Dr. Widin (City Forestry Consultant) was out on the s ite w ith them . They would expect her input. He said th e street w ith trail is fully dri vab le, it s lows traffic, pedestrians are allowed to walk there but traffic has to slow and move over. H e said they do not intend to remove a tree for a trail. Commiss ioner Yan Zandt said the perception is of taking a space a nd defining it. He said it works to s low traffic. Commiss ione r F liflet asked if that will result in walking on the wrong side of the street , w ill it feel rough for strollers and tricycles. Mr. Freeman said it would be just like pavers. There are a number of c hoices for patterns includin g a s id ewalk pattern. Commissioner Pelletier said th e pl a n for the trail is beautiful and it does slow down traffic comp letely . She is con cerned that w ith the HOA in c ha rge of the bridge that they understand what they a re getting into . Mr. Freeman said the type of association being established w ill resu lt in homeowners be ing intimate ly invol ved w ith each other. He said the worst case scenario is they can be removed a nd everything still functions because it is just th e illusion of a bridge on a normal c ity street. Commiss ioner Schneider asked where a visitor would park. The Planner said he w ill check w ith the City Attorney for w here liabili ty lies regarding the pedestrian/bike u sage of the street driv ing surface -by design . Commissioner Pelletier said she is concerned for the fact that the pedestrian trail is level w ith the st reet. Kids will not differentiate between road and trail. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 8:46 P.M. Jay Michels, 5424 Lake Elmo Avenue Mr. Michels said he can safe ly say he is supportive of this project. They did a ni ce j ob. He said the Planning Commiss ion spent one hour discussing a 20 feet wide street through a subdivi s ion of25 homes but have not taken th e opportunity to run a service lane for Highway 36. He said there h as been a lot of traffic movin g t h rough s ince th e li ght was installed. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 8:48 P .M. T h e C hairman recessed and reconvened at 8:59 p.m. Cha irma n Helwig said we sho uld get an easement fo r the service road. He sai d t he C ity wo uld be making a mistake not putting an easement in there. Commi ssioner Ptacek agreed a nd said he ma de it part of the earlie r motion at concept st age . The Planner said the City Counc il 's concern was that it was not as continuo us a connectio n as we wou ld like. Deer G le n had a connection to the east w ith lands in between. The serv ice road came up later. He was not aware t h at River Valley C hurch had to dedicate ri ght of way. Mn/DOT letter may have had a negative impact on the iss ue because of specific des ign criteria. Counci l did not want a straight shot Lake E lmo Pl ann in g Commission Meeting Minutes of July 25, 2005 4 APPROVED: 08/22/05 service road attracting fast food restaurants to it. He said the City needs to a route between Keats and Lake Elmo Avenue somehow. He said there would be no harm done to have the easement but the specific design shou ld be left open for now. M/S/P, Sedro/Helwig, To recommend approval of the Preliminary Plat and Development Stage Plan for DISCOVER CROSSING based on items 2,3 ,4 in the staff report plus road widths as recommended by the City Engineer p lu s the City Attorney's assurance that the city has no pedestrian liability, and add right of way for a Highway 36 service road in a location as determined by the City Engineer. Commiss ioner Ptacek directed attention to Figure I in the applicant's booklet. There are utility easements of 10 feet on top of 50 feet of right of way. Utilities could be placed on the back edge of the curb. The Planner said that small utility companies have to get permits from the city, it is not uncommon to have them p lace utilities within three feet of the road . We can specify where they go. Mr. Freeman said utilities can go into a joint trench too. Commissioner Ptacek said utility companies cut down trees. Mr. Freeman said the app li cants want the utilities to work within three feet and do a joint trench. MOTION AMENDED Ptacek/Sedro, To encourage the city to maintain the actual location of utilities within three feet of the back of curbs with the intent to preserve more trees. Commissioner Fliflet said she would be voting against the Preliminary Plat because of issues related to the stamped trail. VOTE: 7 :2, Nay-Fliflet/ Sclmeider. PUBLIC HEARING: RE Preliminary Plat-PARK MEADOWS The Planner said the issues raised by staff are technical engineering issues except for road access to the site. The C ity Engineer indicates the road ends just south of this parcel. Lots across the street were developed w ith an agreement for eas ements. There is no connection to a public street, and that is a major problem to this proposal. The City wi ll not condemn lands for a city street. The developer can make agreements with those property owners. Those owners have 33 feet he could take the 17 feet additio nal off hi s land, and construct the street to city standards. The legal status is in question but the Planner said he thinks it is the developer's responsibility to construct the road. If the developer agrees to tabling and then it would have to be resolved by Sept. 1. The c ity attorney and c ity engineer have to work on this with the developer. The public street is not the Planning Commission's purview. Commissioner Schneid er asked about the width of the roadway. The Planner said they could make it 22 feet wide. Joel Anez, Landmark Surveying Mr. Anez s aid he recently became aware of a major problem with access to this parce l. A road is depicted in the 1949 plat book. On the west s ide of the parcel, a permanent easement exis ted until the park was created. The owners quit-c laimed that access t o the c ity in 1974, and the parcel essentially became landlocked. In 1999 , that land was to be p latted for a previous owner, and it received pre liminary plat approval by the City Counci l even though it was landlocked then. Mr. Anez said the developer wou ld construct a narrow pedestrian trail between two lots for access to Sunfish Park. There is one wetland on the site. Mr. Anez di s played an alternative for the roadway by relocating it to the farthest southeast corner of the s ite. The Planner said the city would require park ded ication fee in li eu of land. No appraisal has been ordered Lake Elm o Planning Commission Meeting Minutes of July 25 , 2005 5 APPROVED: 08/22/05 yet. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 9:38 P.M. Nobody came forward to speak. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 9:39 P.M. Chairman Helwig asked if the applicant would like to table. Mr. Anez said the applicant would like approval with a few minor changes, and if not then they would ask to table. The Chairman said they can table it until they return with plans for the roadway and the city engineer and city attorney have addressed the issues. He said there would be no time limit and no additional fee. M /S/P, Sedro/Ptacek, To table the Preliminary Plat, Comprehens ive Plan Amendment, and Rezoning at the applicant's request. VOTE: 9:0. City Council Update The Planner said the City Council conducted a public hearing for Stonegate Vacation of two cul de sac slivers and a cul de sac stub but referred it to the Planning Commission Meeting of August 9 , 2005. He then reviewed recent actions by the City Council regarding Planning applications. The Planner said the schedule has been set for the balance of work on the Comprehensive Plan. The Public Hearing will be held at Oak-Land Jr. High on August 8, 2005. It may not be televised at the Junior High School. There will be a brief special meeting on Tuesday, August 9, for regular agenda items. There is a variance request for the lot across from Farms of Lake Elmo and the Stonegate street vacation. August 22, there will be a joint workshop with the Parks Commission for the Trail System Plan. The Planner said that System Plans with the exception of Traffic arrived today. The City Council has contracted with a master coordinator for the Old Village Plan. The tasks are to get the disparate property owners on the same page, structuring the TDR, handicapped housing, a community center, and several others. The meeting adjourned at 9:51 p.m. Respectfully submitted, ~. Recording Secretary Lake Elmo Pl anning Commiss ion M eeting Minutes of July 25, 2005 6