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HomeMy WebLinkAbout2006.04.27 PC MinutesMINUTES HUGO PLANNING COMMISSION APRIL 27, 2006 Call to Order Chairman Schumann called the meeting to order at 7:00 p.m. PRESENT: Hoffbeck, Kleissler, McRoberts, Rosenquist, Schumann, Weidt Bailly arrived after roll call. ABSENT: None ALSO PRESENT: Bryan Bear, Community Development Director (CDD) Michele Lindau, Community Development Assistant Rachel Simone, Community Development Intern Minutes of April 13, 2006 Weidt made motion, Hoffbeck seconded, to approve the Planning Commission minutes of April 13, 2006, as submitted. All Ayes. Motion carried. Wilderness View 3rd Addition Preliminary Plat A public hearing was scheduled to consider the application of Hub Management, 3050 Echo Lake Avenue, Mahtomedi, for a preliminary plat to be known as Wilderness View 3rd Addition. The plat would consist of 61 single family lots on 27.14 acres located south of the Beaver Ponds South development. The applicant had contacted staff and requested the item be tabled. Because a public hearing had been scheduled, Schumann opened the public hearing. There were no comments and Schumann recessed the public hearing until May 11, 2006. Enchanted Waters Plat and Conditional Use Permit for Rural Preservationt The Commission held a public hearing to consider the application of Stoney River Development, 4455 White Bear Parkway, for a rural preservation preliminary plat and conditional use permit for Enchanted Waters consisting of 12 single family homes on approximately 40 acres of property to the north and south of 132nd Street and generally east of Goodview Avenue. The Planning Commission reviewed this item at their April 13, 2006 meeting and voted unanimously to table this item until after the April 18, 2006 City Council workshop where the Rural Preservation Program (RPP) ordinance was discussed. The Commission had concerns about whether open space had to be accessible, the legal opinion of the definition of contiguous property, viability of Home Owners Associations with only twelve homes, and what qualified for bonus densities. The CDD explained the City Council had concluded the following at the workshop. The open space Planning Commission Minutes — April 27, 2006 Page 2 does not have to be accessible to the public to be considered as open space. Even though the road bisects the properties, it is still considered contiguous. The HOA would be viable due to the community septic system being a motivating factor. Density bonuses were discussed at the workshop but no conclusions were made. A listening session was scheduled for May 8, 2006 where discussion would continue on density. The CDD explained how staff had determined the bonus densities were met and concluded the plan would receive a 40 percent bonus density resulting in a total of 11 lots. The CDD refreshed the Commission on the plan for Enchanted Waters. Brent Thompson and Greg Priest from Stoney River Development were there to answer questions. Thompson indicated they were very comfortable with the plan and they had been working closely with staff. Connexus Energy would be under contract by the HOA to manage the Community Septic. He believed the HOA would be effective since all homeowners would have a necessity to maintain value of their home. He said they felt they exceeded the basic requirement of the ordinance in the way the plan was laid out. Schumann asked if they had received any response from Washington County regarding room for the backup septic system. Thompson said the system actually had the capacity for four or five more houses as well as a secondary site. He indicated that Pete Ganzel from Washington County had visited the site. Schumann opened the public hearing. John Southward, 7037 132"d Street, questioned how many wells could be dug in the area before depleting the water supply. He also questioned whether the property owner was going to live in the development he was proposing. Renee Glidden, 7215 137th Street North, said it seemed what was intended by the RPP ordinance was not what it actually is. The homes there would be very obvious and it was the wrong setting for what the RRP was intended to do. There were no other comments and Schumann closed the public hearing. Hoffbeck said she had been speaking to conservation organizations regarding establishing trust funds for land in conservation easements. The property should be able to develop but the proposed plan did not fit into the character of the land. She disagreed that additional bonuses should be granted if there is a public access to open space or for the termination of a legal non -conforming use. She thought the ordinance was very objective and was concerned about the stewardship of the land. Rosenquist agreed with Hoffbeck. He did not believe the requirements for density bonuses were being met. The open space needed to be maintained or it would be just weeds. Weidt asked the applicant what they felt about reducing it to 11 units. Thompson said they had 67 percent open space and the ordinance said if you have 75 percent, you could receive a 50 percent density bonus. They could create more open space by reducing the lot sizes. The preservation plan has a five year plan where the developer is responsible for the process to get the open space from infancy to maturity. After that, it would be turned over to the HOA and a company Planning Commission Minutes — April 27, 2006 Page 3 would maintain it for five years after maturity. The management preservation plans would be part of the development documents. Rosenquist asked if this plan would be made known to the homeowners up front. Thompson said it would. Schumann asked about future maintenance of the outlot. Thompson agreed a lifelong plan was necessary. Hoffbeck said the developer needed to put it into a conservation easement and have it filed. A trust fund was important and the developer should put an endowment there. The program needed to be funded indefinitely. The CDD explained there was a management plan done by Critical Connections Ecological Services who specialize in this type of work. The plan would be to establish restoration and a schedule for the HOA to maintain it. The ordinance did not address indefinite endowments. McRoberts questioned who was going to do it and how it was going to be funded. Kleissler said she felt a trust should be established because it was hard to maintain a small HOA. She also said that Rural Preservation should not be considered park property. Schumann said the intent of the ordinance was to preserve the natural state of the open space. It has been nothing but in its natural state and establishing a plan seemed almost unnatural. Bailly was not too worried about the HOA but she questioned the density bonuses. She said it did not seem like it was significant open space, was not impressed by the existing trails, and felt a trail to the pond would be more appropriate. McRoberts had issues with the homes being crammed into a corner and no access to the north open space. Kleissler said she did not think the plan reflected the intention of the ordinance. The septic area should not be considered open space and she could not agree with three of the four density bonuses. There were too many loose ends to move the plan forward. Schumann said the items talked about were clearly in the ordinance and verified by City Council interpretation. He did not have a problem with it. Hoffbeck said the character of the open space would change when the public started using it. A trust would ensure it remained open space. It would be enforced by someone outside the HOA. It was complicated and needed to be done right. It would be setting precedence and it needed to be guaranteed into perpetuity. Rosenquist questioned whether there would be a liability issue with opening it to the public, and he did not feel they met the density requirements. McRoberts pointed out sections in the ordinance addressing open space, and felt requirements had not Planning Commission Minutes — April 27, 2006 Page 4 been satisfied. Hoffbeck made motion, McRoberts seconded to recommend approval of 8 lots with the conditions stated in the resolution and adding the condition they develop a maintenance plan complete with a trust or other legal entity for an endowment method to be put in place to ensure a permanent trust fund to maintain the open space. Ayes: Hoffbeck McRoberts, Rosenquist Nay: Kleissler, Schumann, Weidt Abstain: Bailly Motion failed. Weidt made motion, Schumann seconded, recommended approval of CUP and Preliminary Plat as recommended by Staff. Ayes: Bailly, Schumann, Weidt Nay: Hoffbeck, Kleissler, McRoberts, Rosenquist Motion failed. Bailly made motion, Rosenquist seconded, to recommend approval of the CUP and Preliminary Plat with ten lots with the conditions stated in the resolution and adding the condition they develop a maintenance plan complete with a trust or other legal entity for an endowment method to be put in place to ensure a permanent trust fund to maintain the open space. Ayes: Bailly, Rosenquist, Schumann, Weidt Nay: Hoffbeck, Kleissler, McRoberts Motion carried. The Commission took a short break. Victor Gardens 5th Addition PUD Amendment and Preliminary Plat The Commission continued the public hearing to consider the application of CPDC and POA Scherer, 3030 Center Pointe Drive, Roseville, for preliminary plat and a PUD amendment for Victor Gardens 5th Addition to include 7 townhome units on a portion of the lot that was platted as Outlot B, Victor Gardens 2nd Addition. The plat would also include the creation of a lot to accommodate the existing pool and activity center and the replatting of the existing outlot as Outlot A. The CDD explained the applicant had revised the previous plan to reduce the building units to seven, increased the building setback from the corner of Victor Hugo Boulevard and Victor Path in order to allow for the creation of a garden space at the corner, and revised the landscaping and parking configurations as requested by the neighbors. Schumann reconvened the public hearing. Dave Hempel, CPDC, explained that Len Pratt and Homer Tompkins were unable to attend the meeting. He shared the revised plans and explained he had obtained an agreement to encroach into the easement for parking. The fence around the land office site would be adjusted to fit the garden area. Planning Commission Minutes — April 27, 2006 Page 5 Michelle Doble, 4368 Victor Hugo Boulevard, said she was the liaison for the association and had sent an email to everyone on her list informing them of this development. She did not receive response from anyone. Rachel Kirk, 4393 Victor Path #3, questioned the stakes on the property and location of the garden area and wanted to know if the garden size would remain the same. Hempel explained the building would be fifteen feet to the east of the lot corner. It was not staked because the sales trailer was in the way. She showed the location on the map. Charles Kirk, 4393 Victor Path #3, thanked Pratt and said he appreciated his working with the homeowners association. He had concerns about the electrical and water meter equipment being located outside of the units and said to move them inside the building would beautify the open space. He asked about the fence and which HOA would maintain it and he wanted details about the flower bed. Hempel said to enclose the area would make it too tight. He fence would be left open around the perimeter and drive isle. The sewer and water needed to come into the building where it was located on the plan and the electric would be on the other side. Screening could be done with larger evergreens and landscaping and the water pond would be revamped to accommodate what the neighbors wanted. The fence would be maintained by the Master HOA, and the parking near the townhomes would be labeled for community center parking. There were no other comments, and Schumann closed the public hearing. Weidt made motion, McRoberts seconded, to recommend approval of the PUD amendment and preliminary plat for Victor Gardens 5th Addition. All Ayes. Motion carried. Sermac America CUP for Motor Vehicle Sales The Commission held a public hearing to consider the application of Sermac America, Inc., 13483 Fenway Boulevard Circle North, for a Conditional Use Permit to allow for the sale of motor vehicles in the General Industrial Zoning District. The CD Intern explained the applicant was proposing to build and sell truck mounted concrete pumps. The zoning ordinance allows for the manufacturing of products such as this in the I-3 District; however, the applicant is required to obtain a dealers license for the sale of motor vehicles, which can only be allowed with the approval of a CUP. She explained that Sermac America had a lease agreement with Frederick Suess to occupy the building in Bald Eagle Industrial Park formally known as White Bear Electric. Sermac America had no plans to modify the property in any way as they occupy the building. Sermac was headquartered in Milan, Italy, and had been manufacturing truck mounted concrete pumps since 1989. In the first 12 months of operation in Hugo, Sermac America planned to build one unit per month and increase to two units per month thereafter. After manufacturing the pump, and prior to Planning Commission Minutes — April 27, 2006 Page 6 testing, the completed pump would be driven to a local weigh scale to obtain axle weights. After the final construction of the pump, Sermac America would deliver the pump to the customer. Sermac America would be responsible for all temporary insurance requirements while the unit is in their possession. This includes temporary dealer plates to drive the units to the weigh scale as well as to drive the units to the customer's final destination. In order to provide the above mentioned temporary license plates, Sermac America was required to obtain a dealers license in the state on Minnesota. Schumann opened the public hearing. There were no comments and Schumann closed the public hearing. The Commission agreed it would be a good use for an interim use permit and asked about outside storage. The CD intern informed them they were not intending to store any trucks outside. Fred Suess, property owner representing the applicant, explained the trucks would be presold and would not be built unless they were sold. Rosenquist made motion, Bailly seconded, to recommend approval of the Conditional Use Permit for 13483 Fenway Boulevard Circle North. All Ayes. Motion carried. Miscellaneous The CDD reminded the commission of the bus tour on May 4th which would begin with a tour of the elementary school at 3:30 p.m., the `Listening Session" on the Rural and Open space Preservation Program scheduled for May 81h at 7:00 p.m., and the joint workshop with the City Council on June 1St to discuss code enforcement. McRoberts reminded and encouraged staff to be sure all the information is included in a proposal prior to bringing it before the Commission. Adiournment McRoberts made motion, Hoffbeck seconded, to recess the meeting at 9:25 p.m. All Ayes. Motion carried. Michele Lindau, Secretary Planning Commission