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HomeMy WebLinkAbout1998.06.24 PC MinutesMINUTES FOR THE PLANNING COMMISSION MEETING OF 6-24-98 The meeting was called to order by Acting Chairperson Schumann at 7:05 PM. PRESENT: Peltier, Rubenzer, Schumann, Kellison, Harrison, Puleo City Administrator, Bob Museus Deputy Clerk, Michele Lindau ABSENT: Malaski Schumann made motion, Puleo seconded, to approve the Planning Commission minutes of May 27, 1998, as amended. AYES: Schumann, Harrison, Puleo ABSTAIN: Peltier, Rubenzer, Kellison Motion Carried Kersten (Special Use Permit Richard and Barbara Kersten, 4784 Karen Place, White Bear Lake, MN, had applied for a Special Use Permit to operate an auto repair business at 5448 140th St. N., Hugo. The property is zoned Industrial. The property is slightly over one acre in size and abutted by residential property to the north, a warehouse, and repair shop, to the west, industrial property, including an auto body shop, to the south, and TH6I/Burlington Northern Railroad to the east. The property is served by sanitary sewer. Municipal water is available to the site but not being utilized. Schumann read the public notice as published in the White Bear Press. Peltier opened the public hearing but there were no comments. Kersten stated he was unsure why they were being made to obtain an S.U.P. since they had been operating their business for some time now. There is a building on the same property with two apartments. Kellison asked about the split use/split zoning on the property and was concerned about the condition of the property. Rubenzer questioned the code violation dated January 24, 1995. Kersten stated he had cleaned it up and the Building Inspector had been out to reinspect. Kellison stated there were abandoned cars parked on the property and an unmaintained light fixture on the exterior of the building that probably violated the electrical code. Rubenzer suggested the Building Inspector reinspect the property before issuing a SUP Kellison said there were special requirements under state code for auto body work and many other issues that should be addressed. Schumann felt that in light of the potential two principal uses of the property, the issue should be tabled. Kellison stated if a SUP was granted, there should be a series of conditions attached. Kersten agreed to work with staff on the conditions of the SUP. Schumann made motion, Peltier seconded, to table the request until the Planning Commission meeting July 22, 1998. All AYES. Motion carried. P.C. Meeting June 24, 1998 - Page 2 Janet Schuneman Brandon Preserve Subdivision/P.U.D. Janet R. Schuneman, 5420 117th St. N. and Cedarwoods Homes, Inc., 2202 5th St., White Bear Lake, MN, had requested to subdivide approximately 82.27 acres of land into 15 lots for single family homes and four outlots. The property is located in the RRl and Agricultural zoning districts, east of Goodview Avenue and south of 130th Street. This property is guided for Urban Preserve and Rural Residential development in the City's Comprehensive Plan. The fifteen unit density requested by the developers is greater than that typically allowed by the City in these Zoning classifications. Their argument was that they are moving five existing lots from Block One, Brandon Acres, to a more suitable development location, as well as clustering homes from the additional 68.9 acres being developed. Rubenzer read the public notice as published in the White Bear Press. A representive of the developer stated they had been to the Planning Commission twice before with concept plans and revised their plans accordingly to problems that had been addressed. He pointed out an emergency -access -only road they added to their plan. Peltier questioned where 130th was and would be. A representative of the developer showed where 130th was on the plat and said an old plat showed a road going east off Goodview. This was designated as 130th but the road was never improved. Peltier opened the public hearing. Mary Zerwas, 12725 Goodview Ave. N, claimed she bought outlot C from Mr. Schuneman (now deceased) and an easement was granted so he could get back to farm the land. Jim Zerwas, 12725 Goodview Ave. N., showed a copy of the legal description to the Planning Commission, and said he sold Carl a temporary easement until 130th was put in. The City Administrator explained that the City does not decide who owns the land, but ownership obviously needs to be determined. Gary Strumpfer, 12833 Goodview Ave. N., said no detailed engineer study has been done, and many issues needed to be addressed such as watershed and impact on the pond, which Mr. Schuneman once said was spring fed. Strumpfer wanted to know who was responsible to ascertain environmental impact. Schumann said not every developer requires an EAW. Brian Kass, 12855 Goodview Ave., would like a DNR impact study done. He also questioned how they can do cluster housing when parcels are not even close in proximity. A resident questioned one of the outlots that was zoned differently, and Peltier stated they were coming in with a PUD. Rubenzer pointed out an area shown on the plan to be an open area. Kassen said the area was a swamp and that there is a beaver dam in that area which all floods out. Dave Holm, 6460 125th St., reiterated what others said, and handed out a letter to the Planning Commission from Shane Krey, 6640 125th St., since he could not attend the meeting. Kurt Melancon, 6480 125th St. N., referred to a survey/questionnaire the City had sent to all residents, regarding open spaces. He feels new neighbors should abide by the 10 acre minimum lot requirement. Kevin Peltier, 13094 Goodview Ave., had concerns regarding drainage and felt there should be a complete stormwater drainage plan submitted to the Rice Creek Watershed District. P.C. Meeting June 24, 1998 - Page 3 Bob Bilotta, 6909 132nd St., felt the developers should have resolved the ownership issue before coming to the Planning Commission. He felt Hugo has the wide open spaces and should use them instead of clustering homes, and the ten acre requirement should be honored Jean Melancon, 6480 125th St., referred to the survey and felt most residents wanted to keep the open spaces. Peltier closed the public hearing. Peltier pointed out that the water flows to the west. Where would the water go? A representive of Mrs. Schueman said he was looking for approval of the layout before employing engineers to determine that, andif it turned out that runoff could not be resolved, the land obviously could not be developed Kellison asked the Administrator what the property was guided for in the new zoning ordinance, and was told the old Brandon Estates was zoned 1:3, and the other area, 1:10. Kellison feels the outlots shown should not be a part of the plan as an open space, and asked if outlot A was proposed to be a roadway someday, and was ensured it was not. Rubenzer questioned the easements and said he approves of the emergency vehicle access. Kellison asked if the City had a complete stormwater plan and was told by the Administrator the Watershed District issues permits. According to the City Attorney, if the Watershed District issues a permit, the City cannot deny it without substantial cause. Peltier said she would like to see the lots be over two acres in size. Kellison recalled that past clusters in the Agriculture zoned area have been 2.5 acres. Kellison motioned, and Peltier seconded, to table the request and extend the application deadline 120 days. All Ayes. Motion carried. Arndt (Eagle View Meadows Rezoning and Subdivision) Armstrong Construction, 717 1st St. SW, New Brighton, MN had requested to rezone and subdivide approximately 10.33 acres into 27 single family lots. The property is located along the west side of Fenway Avenue to the north of 140th Street. The property is currently zoned RRl and is guided for Urban Residential development in the City's Comprehensive Plan. Adjacent property is zoned Rural Residential to the north and south, Single Family Unit to the east, and Conservancy to the west. Kellison read the public notice as published in the White Bear Press. Scott Montgomery, Armstrong Construction, had developed the plan under the assumption that sewer and water will come available on Fenway avenue. Schumann questioned an overlap of ownership and Montgomery responded it has not yet been resolved. Harley Johnson, 14196 Fenway, strongly opposed the development He is the owner of the sod farm to the north and west. Said stated there is no holding pond, and he is the owner of the ditches along the creek. He does not want any water drained into his ditches. He would also like to see a buffer, as he does not want his property used as a park. P.C. Meeting June 24, 1998 - Page 4 Debbie Johnson, 14196 Fenway, questioned the length of the cul-de-sac. She does not want children on their property for insurance reasons. She feels there is a water problem in the area, and said there were springs in the area, which is why they have ditches. She also asked if the land had been perked. Montgomery said it does not need to be perked. Art Austin, designer of the plat, said they are anticipating sewer and water access because a private septic would not be practical. He realizes that ponding would be required. Rubenzer asked what the total length of the cul-de-sac would be, and was told about 600 feet from 140th and would tie into the property to the south when that was developed. Peltier closed the public hearing. Peltier moved, and Kellison seconded, to recommend approval of the rezoning. All Ayes. Motion carried. Regarding the subdivision, Montgomery said the farmhouse and barn on the property would be torn down, and the value of the properties would be in the 150,000 to 250,000 range. He also felt that trespassing is a problem in all neighborhoods, and the Johnsons should put `No Trespassing' signs on their property and enforce it. The Johnsons stated they would like to see a buffer, preferably a chainlink fence. It was also pointed out that the layout was based on getting some easement land back, and some lots had only 127' where 130' was required. Kellison felt a variance should not be granted when no hardship was shown and could be avoided by combining lots. Kellison asked if there was an area designated for a playground/park and was told by Montgomery they would be paying the parkland dedication fee. Kellison motioned, Harrison seconded, to table the request for the subdivision. All Ayes. Motion carried. Kellison motioned, Peltier seconded, to extend the time deadline for 120 day. All Ayes. Motion carried. J & R Land Development Beaver Ponds Phase 2 & 3) J & R Land Development Company, 20926 Hillcrest, Stacy, MN, had requested a preliminary plat with 38 townhomes and 84 single family lots in two additional phases for the Beaver Ponds development. The property is located east of T.H.61 and south of 130th St. Kellison read the public notice as published in the White Bear Press. Charlie Melcher, J & R Land Development, explained their plans for Phase 2 & 3 saying Phase 2 would be blocks of townhomes and Phase 3 would be single family housing. The purpose of phasing the project was due to issues involving wetlands and ponding. They worked with the Water Engineer at WSB to resolve the issues and incorporated their recommendation. He said the City Engineer had designated a lift station and all areas would be serviced by the same sewer line with the sewer designed deep enough to service other areas. He also stated the roads would be stubbed to service adjacent properties in future development. They are pursuing a 12' easements and will create a path to expend to 130th and tie into adjacent property. P.C. Meeting June 24, 1998 - Page 5 Peltier opened the public hearing but there were no comments. Kellison suggested they obtain a drainage easements on properties downstream. Planning Commission went over the findings of fact and recommendations, discussing catch basins, drainage, and lowest floor elevations. Peltier asked where the storm water would go. Melcher explained where the sedimentation ponds and control structures were to be placed. Puleo asked if Kevin Peltier's concerns regarding runoff on his property were addressed. Melcher felt he had done all he could to resolve the issue with Kevin Peltier. Kellison motioned, Rubenzer seconded, to recommend approval of the subdivision with recommendation stated on the Findings of Facts and Recommendation, adding number 15 regarding no granting of variances. AYES: Rubenzer, Schumann, Kellison, Harrison, Puleo NAY: Peltier Motion carried. Marier (Sweet Grass Meadows Rezoning and Subdivision Quentin Marier, 6395 Oneka Lake Blvd., Joseph Marier, 5566 145th St. N., and K-6 Development Inc., 474 Apollo Drive, Lino Lakes, MN, had requested to rezone and subdivide 68 acres of property into 105 single family house lots and one outlot. The property is located north of Oneka Lake Blvd. and west of Greene Avenue, and is currently located in the Agricultural Zoning District of the City. Rubenzer read the public notice as it was published in the White Bear Press. Tom Raster, 15227 Greene Ave., stated he was opposed to the rezoning and housing development. He felt the government is discarding policies made by the residents to allow such density. He moved here because he felt it was the City's policy to maintain an urban atmosphere. He also questioned when the MUSA line was moved to Greene Ave, and why an EAW has not been done. He felt the whole area being developed should be considered together for an automatic EAW. Rocky? from K-6 development said he had already ordered an EAW to be done. He stated they are not trying to reduce the lake level but will be improving the water quality. They will be putting in eight acres of ponds and three acres of wetlands. The ponds would be designed to handle a 100 year flood and they would need to obtain an easement in a 500 year event. He said the lots would meet requirements except the double rear lotlines. The backyards would face Greene Ave. which they felt would benefit the current residents of Greene Ave. by eliminating traffic on the dirt road. They will be adding one foot of soil, no basements, and all units would be walkouts. Schumann suggested the possibility of K-6 paying 1/2 the cost of improving Greene Ave. Peltier asked where the water would flow, and was told the ponds were large and would provide better drainage than they have experienced in the past, but they would do as advised by the water engineers. Peltier opened up the public hearing. Bonnie Weber, 7222 Oneka Lake Blvd., said she spoke to the Water Engineer one week ago and was told by him the lake would go down. Weber appealed to the City to have a vision of the area, and to consider it carefully before letting developers preside over residents. P.C. Meeting June 24, 1998 - Page 6 Joe San Cartier, 15125 Greene Ave., is concerned about density, backyards abutting Greene Ave., and the inadequate parking at the boat launch. He also mentioned the impact of traffic on Oneka Lake Blvd. The Administrator stated there had never been a study done on Oneka and TH61 and the City needs to work with the County regarding the funding for such. A lot of the increase in traffic is due largely to other communities passing through Hugo. Kellison asked if San Cartier would rather have the front or back yards facing Greene Ave., and he responded "front". Dave Fleischhacker, 15185 Greene Ave., asked why they were not notified when the MUSA line had been moved and the Administrator responded it had not.been moved. Fleischhacker would like to see lots remain larger, at least five acres, and possibly put higher density west of the tree line. Kelly Fleischhacker, 15185 Greene Ave., felt the intersection of TH61 and Oneka Lake Blvd., is very dangerous and the problem must be resolved. She also would like to see pine trees put up as a buffer if they must see the backyards of the houses, and felt the value of their property will go down. Kellison asked the Fleischhackers if they would rather see front or back yards and they said "front". Tom Bena, 7115 Oneka Lake Blvd., said he moved into his home because of the acreage requirements, and Oneka Lake is too valuable as a resource. He feels the development should be phased and the MUSA should not control the direction of the community. Fred Hummel, 7225 Oneka Lake Blvd., would like to keep the lots at least five acres in size to create a more natural transition out to the lake. He felt the density is excessive for traffic as well as environment and water runoff. Gerry Gregory, 15063 Greene Ave., would like to see a 2.5 acre minimum, doesn't want to look at back yards, and would like to see the road paved. He felt sewer and water should also be available on the east side of Greene also, and the crowded boat launch hinders firefighting. San Cartier mentioned the potentially dangerous dead trees at the boat launch and wondered who would be responsible if someone were hurt. The City Administrator said he would check into this. Ron Gray, 6275 Oneka Lake Blvd., had concerns about a buffer between the development and Peloquin Industrial Park, elevations, traffic, and water pressure for firefighting since it was determined there was not even enough to fight fires at Oneka Lake View, should there be one. Rocky? felt the density was not unreasonable, and is willing to meet with neighbors to discuss a tree buffer and which way the homes should face. Peltier closed the public hearing. The City Administrator commented on the water pressure issue. The pressure for fire now would not be available but it is expected a new water tower will be built in the area though no site has been specified. Financing is an issue and the City Council has not yet made any decisions. Schumann motioned, Harrison seconded, to recommend approval of the rezoning. AYES: Peltier, Rubenzer, Kellison, Schumann, Harrison ABSTAIN: Puleo Kellison suggested a neighborhood meeting to discuss homes facing Greene and Goodview, and the upgrade of Greene Avenue He recommended the City review the traffic issues, and developers look at density of housing. Rubenzer asked about the water pressure issue. P.C. Meeting June 24, 1998 - Page 7 The City Administrator said there is computer modeling being done on this development. Kellison made motion, Puleo seconded, to table action and extend to the time deadline to 120 days. All AYES Motion carried. Harrison made motion, Rubenzer seconded, to adjourn at I LOOPM. All AYES. Motion carried. Michele Lindau, Planning Commission Secretary