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HomeMy WebLinkAbout2004.07.08 PC MinutesMINUTES HUGO PLANNING COMMISSION JULY 8, 2004 Call to Order Acting Chair Malaski called the meeting to order at 7:00 p.m. PRESENT: Bailly, Hoffbeck, Kleissler, Malaski, McRoberts, Chairman Schumann arrived after role call. ABSENT: None ALSO PRESENT: Bryan Bear, Community Development Director (CDD) Kendra Lindahl, Planner Minutes of June 24, 2004 McRoberts made motion, Kleissler seconded, to approve the minutes of June 24, 2004 as amended. All Ayes. Motion carried. Oneka Land Development (Seever Property) for Comprehensive Plan Amendment The Commission held a public hearing to consider the request of Oneka Lake Development Company, LLC, 3475 Willow Lake Boulevard, Vadnais Heights, to amend the City's Comprehensive Plan to allow development on a 69 -acre tract of land located outside of the MUSA boundary. The property address is 6822 Oneka Lake Boulevard and generally located on the north and south side of Oneka Lake Boulevard and east of Greene Avenue. The applicant submitted a sketch plan indicating 93 homes on the 69 -acre property. The developer proposed to construct `Bayhomes," which is a detached single family home with shared common property and exterior maintenance provided by an association. The CDD explained that in order for the development to proceed, the property would need to be included in the MUSA, and property located between the subject site and Greene Avenue would also need to be included in the MUSA because land within the MUSA must be contiguous. In July of 2003, the City Council had considered a similar proposal from the applicant. The plan was denied by the Council in 2003 because the Council felt that development on this site was pre- mature since it was outside of the current MUSA. The CDD explained that the staff is of the opinion that very little has changed with this property during the last year. Planning Commission Minutes — July 8, 2004 The staff recommended that the property not be included in the MUSA because of limited available sanitary sewer capacity, property not contiguous to the existing MUSA without including properties along Greene Avenue, and the existence of numerous other properties located outside the MUSA with similar circumstances that may lead to additional requests from landowners. Staff also noted that there were other options for the use of the land without having to expand the MUSA, and there was land available within the MUSA for the proposed project. The City had received a letter from Gary and Bonnie Weber, 7222 Oneka Lake Boulevard North, stating that they were against the amendment. The City also received a letter from Thomas and Benita Bina, 7115 Oneka Lake Boulevard North, stating the same. Tom Raster, 15227 Green Avenue North, felt the MUSA line should not be moved. He questioned whether they would be forced into the MUSA and be rezoned. He was also concerned about an increase in property taxes and the possibility of condemnation of properties to accommodate new infrastructure. George Podrug, 6464 152nd North, said he had issues with traffic on 147th street and felt the Council should put emphasis on getting the intersection corrected. Fred Hummel, 7225 Oneka Lake Blvd, had concerns about maintaining the rural open areas of Hugo and was opposed to the proposed high density housing. Commissioner Bailly agreed that additional homes should not be constructed until the intersection of 147th and TH61 fixed and felt the City should not take MUSA away from other developments. She said she liked the concept of the paths and shared lake access but felt the development was premature. Terry Miller, Oneka Lake Development Company, said when he approached the City in June 2003 with a concept plan for the property, he had met with the City and with the adjacent property owners who gave positive feedback on the project. Miller said the property should be developed with sewer and water and not with individual septic systems in order to protect water quality of Oneka Lake. Miller pointed out that he was proposing to build approximately 300 feet from the lake to lessen impacts. He agreed the traffic on 147th needed to be addressed and said he is willing to participate in finding a solution for the traffic problems. He noted that the property is not contiguous but utilities could be brought in without affecting the properties on Green Avenue North. Commissioner McRoberts said he understood the argument but saw no compelling reason to expand the MUSA at this time. Commissioner Kleissler said she felt it was premature to expand at this time Commissioner Rosenquist agreed that they should not expand the MUSA when there are already sewer issues. Chair Schumann addressed the questions posed by Raster. Schumann explained that if it was approved, they may be rezoned since the City was not in favor of spot zoning. He also explained Planning Commission Minutes — July 8, 2004 that they would not necessarily be required to hook up to sewer and water and properties are taxed according to the use of the property. He also said that to connect utilities across property lines, the City could exercise eminent domain if deemed absolutely necessary. Schumann said he felt it was imprudent to expand MUSA for development when there are so many issues regarding sewer and traffic. He complimented the developer on the plan but felt it was premature. Rosenquist made motion, Kleissler seconded, to recommend denial of the Comprehensive Plan amendment. All Ayes. Motion carried. Victor Gardens 51h Addition PUD Amendment and Preliminary Plat The Commission held a public hearing to consider the request of POA -Scherer, LLC, 3030 Centre Pointe Drive, Roseville, for a PUD amendment and preliminary plat for "Victor Gardens 5th Addition" consisting of 36 single-family homes and 5 outlots on 83 acres located in the southeast quadrant of Elmcrest Avenue and Frenchman Road. The City Planner presented the plan to the Commission and explained the conditions staff recommended for approval. She indicated that it was generally consistent with the concept plan for Victor Gardens. The size and number of single-family lots proposed in this phase are consistent with the PUD concept plan and the setbacks and landscaping plan complied with the original PUD. The Planner explained that the developer would be providing a phasing plan and providing a plan for annual sewer connection permits for city review and approval. Acting Chair Malaski opened the public hearing. David Hempel from Contractor Property Developers Company was present representing POA Scherer. He introduced Jason McCarthy, Westwood Professional Services, who was the Engineer on project. Hempel explained the future phases of Victor Gardens. He indicated there would be a four -lot private drive, approximately 15 lots which would not be developed until the adjacent property was developed, and two other phases to be developed in 2005 and 2006. He said they are also looking at the north side for future commercial and townhome development. Hempel stated that they were comfortable with most of the conditions of the preliminary plat approval and would continue to work with the City on outstanding issues. Doug Martinson, 13995 Elmcrest Avenue North, was concerned about contractors intruding on their property because the plan showed their property included on the plat. The planner explained that the plan would be revised prior to submittal for final plat. Bob Weir, 4477 Cossette Lane North, said he was the ninth resident to purchase a single-family home in the development. He said there were three or four homes in the same area as his that looked identical to other homes and it appeared standards were relaxed from the standards of the homes in the front of the development. He said he felt they received false information from the Planning Commission Minutes — July 8, 2004 sales office and the integrity of building had changed since a new builder was brought in. He also commented on the pool facility that had been promised to them but had not yet been built. He invited the Commission to come and take a look at the neighborhood Walt Roberts, 14241 Arbor Lane North, reiterated Weir's comments, and said he had chosen the community based on input received from the sales office. He said he was led to believe that there would be no identical homes in the area and was concerned about the valuation of his home. Chair Schumann suggested a neighborhood meeting with the developer prior to any additional problems. The CDD said the development had been in compliance with City requirements and the developers present at the meeting would hopefully bring the comments back to the developer. Lynn Weir, 4477 Cossette Lane, said they were told that the property behind the lot they decided to buy was wetland and would never be built on, and she commented on the integrity of the homes. Hempel said he would bring the comments back to the marketing staff and address the neighbor's concerns. He stated that all homes are reviewed by the architectural review committee. Christy Crep, 4376 Arbor Lane North, asked that the City be present and act as mediator during the meeting between the residents and the developer. Acting Chair Malaski closed the public hearing. Commissioner Hoffbeck commented on the lot sizes and flag type lots. The CDD agreed he'd like to see the lots adjusted to shrink or eliminate a lot. Commissioner Bailly was hopeful the issues between the residents and developers could be resolved. Commissioner McRoberts agreed with the others comments. Commissioner Kleissler asked if there was some way to enforce the issues regarding the builders allowed in a development. CDD said they could only enforce the Development Agreement between the City and the developer and not those in the homeowners association agreement. Commissioner Hoffbeck asked about the Conditional Letter of Map Revision regarding Clearwater Creek. The City Planner explained that they were working on a flood plain amendment with FEMA to permit changes to the floodplain map and that it was a lengthy process. The City Planner also said that architectural guidelines were not something the city enforces but the City will look at it to ensure the concepts of the development were being retained with the builder. Planning Commission Minutes — July 8, 2004 Bailly made motion, Malaski seconded, to recommend approval with adjustments to Lot 11, 6 and 7, and recommend a meeting between the builder and residents with city as a mediator. Chair Schumann suggested amending the motion to eliminate the recommendation the City facilitate a meeting be included in the amendment. The Planner concurred with the Acting Chair that the covenants and architectural guidelines needed to be reviewed. She indicated that staff will look into it and report their findings to the City Council. Bailly amended the motion, Malaski seconded, to approve the plan with the condition that the applicant work to try to bring Lots 6 and 7 into compliance with the minimum lot width requirements. All ayes. Motion carried. The CDD indicated that they would facilitate a meeting with the developer and residents, and the Planning Commission would be informed of the meeting. Greg Johnson CUP for Wind Powered Generator The Commission held a public hearing to consider the request of Greg Johnson, 7310 132nd Street North for a Conditional Use Permit to allow for the construction of a 100 -foot high wind powered generator on his property. The CDD explained the design of the proposed wind powered generator. The total height of the tower would be just short of 100 feet. The tower is proposed near the center of the property, putting it approximately 350 feet from any property line. He explained that the Comprehensive Land Use Regulations allow wind powered generators in the RR District with a conditional use permit. The ordinance allows the generator to be constructed to 100 feet in height, and it must be located at least 150 feet from each property line. The applicant's request complies with those requirements. There are a number of construction standards outlined in the ordinance, and also a requirement for $500,000 of liability insurance. The applicant has indicated his intent to comply with those requirements, which will be checked at the time the building permit is issued. The ordinance does not allow antennas of any kind to be mounted onto the tower, and only one tower is permitted on each lot. The applicant indicated their intent to interface with the electric utility so that any excess power can be sold to the utility. He said he had visited other sites with windmills and found them to be quiet. Sean young, Innovated Power Systems, explained a study that had been done on other windmills. The CDD pointed out that volumes are hard to measure because other factors, such as terrain, needed to be taken into consideration. The wind generator would be subject to the City's Planning Commission Minutes — July 8, 2004 ordinance requirements. Young explained that when the winds reach speeds of 28 miles per hour, the blades turn the system off. Chair Schumann asked if there was a feature that would shut it off should there be a bad bearing, or something similar in nature, that caused a noise problem. He explained that there was no feature that would automatically shut it off but there was a break switch located at the base of the tower that could be manually shut off. Commissioner Hoffbeck asked how many they had installed and if they had ever experienced any problems. Young said he installed approximately six over the previous years and had only experienced problems when they were neglected. He indicated that the problems were not so much noise issues but rather efficiency problems. The applicant questioned whether the City had the right to come on the property and shut off the windmill. Young indicated that the agreement with the power company gave the power company permission to disconnect it to work on the equipment of necessary. Commissioner Rosenquist had no problem with the request but felt there should be some information on the sound to show the City had exercised due diligence in knowing the noise level. Chair Schumann suggested there be some reasonable process to shut the windmill down should there be excessive noise. Acting Chair Malaski opened the public hearing. Jim Bever, 7131 132nd Street, expressed concern about the look of the windmill because it would be very visible from his home. He was also concerned about the value of his property should he decide to develop it in the future. Young stated that they had, on staff's recommendation, painted the blades gray to match the rest of the windmill. There were no other comments and Malaski closed the public hearing. Commissioner Hoffbeck said she understood the visual impacts but also was in favor of alternative methods of energy. Commissioner Rosenquist said that if it complied with ordinance requirements, they couldn't legally deny it because of the way it looked. Planning Commission Minutes — July 8, 2004 The CDD indicated that the staff had some discretion with the issuance of a conditional use permit such as determining placement, colors, and design of the tower. The Commission questioned what measures should be taken to prevent climbing of the tower, Young indicated they would remove the bottom portion of the ladder once it was up. Commissioner Bailly asked what a wind turbine would cost. Young said towers vary greatly and the one Johnson planned to install was approximately $60,000. Acting Chair Malaski noted that the City had received a letter from Thomas and Rennae Glidden, 7215 137th Street North, which said they did not support the construction because of aesthetics, potential danger to birds and wildlife, and noise issues. Hoffbeck made motion, Schumann seconded, to recommend approval of the conditional use permit with the condition it was painted to blend in with the surroundings. He also made a verbal request to the applicant to exercise proper maintenance on the windmill. All Ayes. Motion carried. Planning Commission Bylaws The Commission reviewed the bylaws prepared by staff and made corrections to the document. The Commission requested the bylaws be brought back to the Commission for approval at its next meeting. Miscellaneous Commissioner Malaski noted that the trucks from the gravel pit were still running and she pointed out that they were supposed to be doing reclamation on the property. She requested the City look into their contract and see that they start some reclamation so the city is not left with future problems. Adiournment Schumann made motion, Bailly seconded, to adjourn at 9:45. Michele Lindau, Secretary Planning Commission