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HomeMy WebLinkAbout1998.11.18 PC MinutesMINUTES FOR THE PLANNING COMMISSION MEETING OF 11-18-98 The meeting was called to order by Chairperson Peltier at 7:05 PM. PRESENT: Peltier, Schumann, Malaski, Puleo, Kellison City Administrator, Robert Museus Deputy Clerk, Michele Lindau ABSENT: Rubenzer Schumann made motion, Peltier seconded, to approve the Planning Commission minutes of October 28, 1998, as amended. AYES: Peltier, Schumann, Kellison, Puleo ABSTAIN: Malaski Motion carried. Peltier made motion, Schumann Peltier seconded, to approve the Planning Commission minutes of November 14, 1998, as amended. AYES: Peltier, Schumann, Kellison, Puleo ABSTAIN: Malaski Motion carried. Kellison made motion, Malaski seconded, to add discussion of the Zoning and Land Use Regulations to the agenda. All Ayes. Motion carried. Special Use Permit (Thanksgiving Lutheran Church) Thanksgiving Lutheran Church, 7032 137th St. N., requested a special use permit to add a portable mobile home type classroom, adjacent to the existing building, at the above address. The church has a three year non-exclusive lease to use the Rice Lake Park Building for church -related activities. Peltier read the public notice as published in the White Bear Press. Gary Meyer, representing the Thanksgiving Lutheran Church, stated there would not be handicap bathrooms in the portable classroom since they had no intention of putting plumbing in there, and the mobile home would be located behind the building and not visible from the road. Mr. Meyer said it would be used for Sunday school for the church and provide extra meeting space for the other groups using the Rice Lake Park Building. Mr. Meyer also questioned the requirement to have a non-combustible walkway, meeting handicap codes, connecting the manufactured building to the Rice Lake Park Building, pointing out the present ramp was made of combustible material. Peltier opened the meeting to the public for discussion but there was none. Kellison stated he would have liked to see a more detailed drawing, showing the size, elevations, and distance from present building. Mr. Meyer told the Planning Commission the manufactured building was 12' X 60' and would be located at the end of the parking lot at the east end of the building, approximately 30' from the existing building. He also said the manufactured building would have electric heat, and as stated in the lease agreement, the Thanksgiving Lutheran Church is responsible for the electric. Malaski made motion, Schumann seconded, to recommend approval of the special use permit to add a portable mobile home type classroom at the Rice Lake Park Building with the following conditions: Minutes for the Planning Commission November 18, 1998 - Page 2 1. The manufactured building used for classroom purposes shall meet the requirements of the State Building Codes, Manufactured Home Division, for such use. 2. A non-combustible walkway, meeting handicap code requirements, shall connect the manufactured building to the Rice Lake Park Building for access to sanitation facilities. 3. The building shall be removed from the site upon termination of the lease. All Ayes. Motion carried. Subdivision (Patricia L. Bueno) Patricia L. Bueno, 5326 140th St. N., requested to subdivide a 1.3 acre parcel, at the above address, into three single family lots. All three lots would meet the minimum dimensional requirements of the City's SFU zoning district, but a side yard and rear yard variance would be required for the middle lot, due to the relationship of the existing home on the property and the proposed lot lines. Schumann read the public notice as published in the White Bear Press William Lessard, father of applicant, explained the comer lot would be 100' X 130'; the middle lot containing the house would be 103'X 130'; and the northern lot would meet the minimum requirements of 80' X 130'. Mr. Lessard stated that the driveways would all be accessed from Fenway Avenue and they would be extending the sanitary sewer main to all three lots. Peltier opened the meeting for public comment but there was none Kellison felt a variance on the east property line would be acceptable, but the variance on the rear yard would allow the deck to encroach on the adjacent property line. Mr. Lessard and Ms. Bueno expressed their willingness to remove the deck so a variance of only .4' would be required on the rear lot line. Kellison motioned, Puleo seconded, to recommend approval of the side yard variance of 12.5' and a rear yard variance of 9.6' with the removal of the existing deck. Ayes: Puleo, Kellison, Malaski, Schumann Nay: Peltier Motion carried. Subdivision (Jesperson) Chance of December meetinu date At the Planning Commission meeting of October 28, 1998, the Hugo Planning Commission considered the request of Mr. Morris G. Jespersen, 651 LaBore Rd., Little Canada, to rezone and subdivide 11.14 acres into lots for 40 single family townhomes. At that time, the Planning Commission recommended that the property be rezoned from agricultural to urban residential, but tabled action on the subdivision request until the applicant had addressed five issues regarding the proposed subdivision. Mr. Jespersen phoned the Deputy Clerk on 11-15-98 and informed her they would be prepared to present a revised plan at the Planning Commission meeting in December. Schumann motioned, Peltier seconded, to change the Planning Commission's regularly scheduled meeting date of December 23, 1998, to December 16, 1998, due to the holiday. All ayes. Motion carried. Schumann made motion, Peltier seconded, to table discussion of the Jesperson subdivision until the Planning Commission meeting of December 16, 1998 All ayes. Motion carried. Minutes for the Planning Commission November 18, 1998 - Page 3 Site Plan Application (Schwieters Construction Park) J. L. Schwieter Construction, Inc., 8383 Sunset Road NE, Spring Lake Park, MN, requested site plan approval to construct a 30,620 square foot office warehouse building on a 4.5 acre parcel in the Bald Eagle Industrial Park. The property is currently zoned industrial, and is guided for industrial use in the City's Comprehensive Plan. The proposed site for this project is immediately south of the City's new fire hall, on land owned by the City. The City is in negotiations with the applicant for sale of the lot. A portion of the property consists of wetlands, and would be mitigated by the City as part of the sales agreement. The applicant seeks to use approximately 70,000 square feet on the east side of the property for exterior storage. Under Hugo City Code, Chapter 320-5, Subdivision N, this use requires a special use permit. Tom Junnila, representing the Schwieters Development Corporation, was present with Len Lambert, the architect of the plan. Mr. Junnila explained that Schwieters' own four companies, presently located in Spring Lake Park, that were all in the construction trade. They employ 30-40 people in the office & warehouse and over 100 more who are working on job sites. The Schwieters want to relocate three of their four companies to the Hugo area. Their business is the manufacturing of modular pieces for multi -family homes, and they would be in the need of storage space for raw materials (wood) and the finished product, which would be temporarily stored on trailers in the yard. They anticipate the truck traffic to consist of approximately five trucks importing raw materials and five trucks exporting finished product per week. Kellison stated the granting of the site plan approval would not include approval of a special use permit, which would be necessary for the excessive exterior storage. Mr. Junnila said he understood the need to apply for the special use permit but was unable to meet the application deadline for this meeting. If the special use permit should be denied, they would not continue with this project. Len Lambert, the architect, presented the site and landscape plans and explained the building would cover 15% of the site, and the plan provided for 108 parking spaces. It was noted by Kellison that the parking stall size shown on the plan was incorrect and asked why there were so many parking places. Mr. Lambert stated that the size would be changed to 10' X 20', and that much parking was necessary to accommodate the office and warehouse staff, as well as the men working in the field. He also said they often held safety and training sessions, which would fill most of the spaces. Schumann made motion, Puleo seconded, to recommend approval of the site plan with the conditions below, as well at those stated in a letter from the City engineer: 1. No exterior storage to be conducted on the site until and unless a special use permit is issued by the City. 2. Approval of the site development plan by the Rice Creek Watershed District. 3. Approval of the grading and drainage plan, utility plan, and minimum first floor elevation by the City Engineer. 4. Approval of sale of the property to the applicant by the City Council. 5. Sign plan approval. 6. Provide for review and approval by the architect design committee for: • Exterior lighting • Define exterior storage area • Fencing around exterior storage • Screening • Definition of required 20% green space • Plan for snow storage • Color rendition of the building front All ayes. Motion carried. Minutes for the Planning Commission November 18, 1998 - Page 4 Special Use Permit-Bernin Tree Farm The Planning Commission considered the request of Bruce A. Bernin, 6540 Greene Avenue N., for renewal of his special use permit to operate Bernin's Tree Farm and display four advertising signs. The "choose & cut" Christmas tree farm would operate from the day after Thanksgiving through December 24th. The property is generally located on the south end of Oneka Lake and legally described as Government Lot 5, Sec. 16, T3 IN, R21W. Schumann read the public notice. Peltier opened the meeting for public comment but there was none. Pelter asked how long Bernin had been selling trees and was told by Mr. Bernin this was his ninth year Puleo, referring to the permit granted in 1990, asked if the day after Thanksgiving was early enough to begin tree sales, and if the hours would remain the same. Bernin felt it was early enough, and he intended to keep the same hours as in the past. Puleo also asked if all the trees were grown on his property or if some were brought in, and was told that approximately 50 trees are brought in each year. Puleo made motion, Peltier seconded, to recommend approval of a special use permit for "Choose and Cut" Christmas tree sales with the following conditions: 1. Permit to be renewed until the year 2008. 2. The allowed starting date for the sale of trees be changed from November 23 to the day after Thanksgiving. All Ayes. Motion carried. Land Use Regulations hearing Chairperson Peltier reconvened the meeting of November 14, 1998, to allow more time for public comment. Ron Cressman, 6085 165th St. N., expressed concern regarding the change in the zoning of his neighborhood, the southeast corner of Highway 61 and 165th St., from residential to commercial, stating that the proposed ordinance would not allow them to rebuild should their homes be destroyed by fire. Mr. Waller, 14010 Homestead Ave. N., would like his ten acres to remain agricultural instead of the proposed rural residential. Beth Miner, 8131 140th St. N, would like her 85 acres to remain zoned agricultural instead of the proposed rural residential. Approximately 30 acres of it is in pasture, which she rotates and seeds on a regular basis. Dean Stedt, 7416 132nd St. N., raises cattle on his 43.5 acres, and feels changing his property from agricultural to residential would put unnecessary restrictions on his property regarding vehicles and storage requirements. Jeffrey Gruett, 7285 137th St. N., feels rezoning from agricultural to residential would take away his vehicle and barn freedom. He would like to see everything north of 132nd Street remain agricultural. Jerome Jessen, 7475 132nd St. N., who owns a dump truck that he operates in a business, feels that the vehicle requirements in the proposed rural residential zone would impose a hardship. Cathy Scobie, 7676 120th St. N., questioned section 3 of the zoning ordinance, stating there is no provision regarding co-op farming, and people acquiring land in the area would not be grandfathered in. She would like to see Section 6-13, Cluster Housing, I(2) to read active or potential where referring to the preservation of agricultural operations on 20 or more acres and 1(3) to include wetlands and open area as well as forested areas to be preserved from development by a permanent conservation easement. Scobie Minutes for the Planning Commission November 18, 1998 - Page5 requested the same permitted uses be allowed in the rural residential as in the agricultural district, feeling there should not be different rules for two districts both requiring the same minimum lot size. Walter Stoltzman, 8139 157th St. N., questioned the amount of construction equipment to be allowed for home businesses, stating that many residents owned such equipment, and asked who was going to enforce the ordinance regulating it. The City Administrator stated it would be a non -conforming use and they would like to have those residents register with the City. Mr. Stotlzman also questioned why there were provisions for sexually -orientated business in the City, and the Administrator stated the City had no choice since it was constitutionally protected, and if the plan provided no place for them, they could go anywhere. A resident, residing at 7040 132nd St., expressed his desire to keep the area agricultural. Becky Petryk, 12521 Ethan Ave. N., asked who was requiring the City to create this new plan and the Administrator stated that if the City did not provide the Metropolitan Council a plan, they would take it upon themselves to create one. Malaski requested a requirement to provide for a mixture of trees be planted with no more than 20% of one variety in five or more lots. The City Administrator recapped all the changes to be made to the proposed Zoning ordinance as discussed at this and previous meetings. Kellison made motion, Malaksi seconded, to recommend approval of the new Zoning and Land Use Regulations with the those changes. Ayes: Kellison, Malaksi Nay: Puleo, Schumann, Puleo Motion failed. Puleo made motion, Schumann seconded, to recommend approval of the new Zoning and Land Use Regulations with the changes recapped by the Administrator, adding the presently -zoned agricultural areas remain such. Ayes: Malaksi, Peltier, Puleo, Schumann Nay: Kellison Motion carried. Subdivision -Vince and Julie Lutz Vince and Julie Lutz appeared before the Planning Commission, requesting their opinion on the best way to subdivide 29 acres of the Duraine farm into three lots. After the discussion, the Lutzs stated their intention to submit their application with the City for the subdivision, and appear at the December meeting of the Planning Commission. Malaski made motion, Kellison seconded, to adjourn at 11:28 P.M All Ayes. Motion carried. V � VLA ��� �t,-c.�'�►'�L2�� Michele Lindau, For the Planning Commission