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HomeMy WebLinkAbout1999.04.28 PC MinutesMINUTES FOR THE PLANNING COMMISSION MEETING OF 4-28-99 The meeting was called to order by Planning Commission Chairperson Puleo at 7:00 PM PRESENT: Kellison, Kleissler, Peltier, Peterson, Schumann, Puleo City Administrator, Robert Museus Deputy Clerk, Michele Lindau ABSENT: Malaski Minutes of March 24. 1999 Peltier made motion, Schumann seconded, to approve the Planning Commission minutes for the meeting of March 24, 1999, as submitted. AYES: Peltier, Peterson, Schumann, Puleo ABSTAIN: Kellison, Kleissler Motion carried. Beaver Ponds 3rd Addition Subdivision (Public Hearin The Planning Commission conducted a public hearing to consider the request of Oakwood Land Development, 1611 Highway 10 NE, Spring Lake Park, to subdivide a part of Outlot A, Beaver Ponds Second Addition, into 21 single family home lots. The property is within the single family unit zoning district of the City and generally lies in the SE quadrant of TH61 and 130th Street. John Peterson of Oakwood Land Development was present but had no comment on the Findings of Fact, as prepared by the City, regarding the proposed third addition. There was no comment from the public. The Planning Commission discussed easements, street names, setbacks, and final grading plans that would be done with Phase 5 of the Beaver Ponds Development. Kellison made motion, Schumann seconded, to recommend approval of Beaver Ponds 3rd Addition subject to the Findings of Fact and Recommendation prepared by City staff. AYES: Kellison, Kleissler, Peterson, Schumann, Puleo NAY: Peltier Motion carried. Beaver Ponds 4th Addition Subdivision Public Hearin The Planning Commission conducted a public hearing to consider the request of Oakwood Land Development, Inc., 1611 Highway 10 NE, Spring Lake Park, to subdivide 5.93 acres of Outlot A, Beaver Ponds Second Addition, into lots for 26 single family attached homes (13 twinhomes). The property is located in the single family unit zoning district of the City, and is part of a previously - approved Planned Unit Development of the site. The property is generally located in the SE quadrant of TH61 and 130th Street. John Peterson from Oakwood Land Development was concerned with the City's request to construct a cul-de-sac at the end of the proposed private drive from Ferrara Avenue to allow fire vehicles to enter and exit quickly. Mr. Peterson felt the cul-de-sac would cost a considerable amount, since he would have to construct a retaining wall because of the pond located there. Puleo opened the meeting for public comment. Kevin Peltier, 13094 Goodview Avenue, wanted to know where the street would dead end, and Peterson pointed it out to him on the preliminary plat. As there were no other comments from the public, Puleo closed the public hearing. Minutes for the Planning Commission April 28, 1999 - Page 2 Kellison asked it there would be off street parking, and Peterson explained that townhomes require 1 1/2 to 2 parking spaces per unit, and his plan would provide four spaces per unit. Kellison felt that not having a cul-de-sac would be an inconvenience to postal service, moving vans and other vehicles wishing to turn around, as well as the fire trucks, and felt a hammerhead turnaround would be an option. Mr. Peterson stated he would like to work with the City Engineer to devise a system in place of the cul-de-sac. Kellison questioned the plowing of streets and driveways, and the maintenance of the lawns. Peterson stated a homeowners association would provide such labor, and the cost would be divided equally among all residents in the development. Kellison asked if an agreement was ever made involving all the affected property owners in the area regarding the roads. It was noted that Mr. Hauble had given no indication as to what he would like to do with his property. It was felt that all roads were making logical connections so far, and Mr. Hauble would have to plan accordingly. Mr. Hauble was present and stated he was not in agreement with the situation as is, but provided no alternative. Kellison made motion, seconded by Kleissler, to recommend approval of Beaver Ponds 4th Addition subject to the Findings of Fact and Recommendation, adding a provision for an adequate turnaround to be constructed at the end of the private drive. AYES: Kellison, Kleissler, Peterson, Schumann, Puleo NAY: Peltier Motion carried. Special Use Permit (North Country Auto Bodv) Public Hearin The Planning Commission conducted a public hearing to consider the request of Galen J. Carlson and Rich Ober doing business as North Country Auto Body, 5451 140th Street N., for a special use permit for exterior storage of automobiles. The property is located in the SW comer of 140th St. and TH61. The property had been rezoned to Concentrated Business, which made the autobody shop a non -conforming use. Galen Calson was present, and stated he wanted to continue to use his property as an automobile body shop. Puleo opened the meeting for public comment. Rick Rau, 14155 Ferrara, stated he was the homeowner north of North Country Auto Body, and wanted to see the business continue to operate in the manner it is now. He felt is was a nice building and the property was kept clean. The Planning Commission discussed the setbacks for fences, and Kellison stated he would rather see the fence constructed on the property line, since the remaining five feet behind the fence may be left unmaintained. Kellison made motion, Puleo seconded, to recommend approval of the special use permit to North Country Auto Body for a non- conforming use and exterior storage, permitting him to construct the fence to the property line. All AYES. Motion carried. Eagle View Meadows Senior Housing PUD Public Hearin The Planning Commission conducted a public hearing to consider the request of Burdette Berntson, 12686 Ethan Avenue, Spencer and Linda Arndt, 14134 Fenway Ave. N., and Landholding Group, Inc., 4704 Highway 61, White Bear Lake, for a Planned Unit Development of 76 rental townhomes for senior citizens to be located on the ten acres owned by Bumston and the Arndt's at the above addresses. The property is generally located along the west side of Fenway Avenue, north of 140th Street, and lies within the single family unit zoning district of the City. Paul Kelleher, Land Holding Group, Inc., presented the project to the Planning Commission, and said he had met with the Washington County HRA Director who felt more senior housing, with independent living conditions, was needed within Washington County. Kelleher stated they had built similar housing in other areas, and they maintain a waiting list for those homes. Minutes for the Planning Commission April 28, 1999 - Page 3 The Planning Commission had concerns regarding the City infrastructure, and Kelliher stated they were working with the City Water Engineer to resolve those issues. Jeff Bach, Civil Engineer for the Land Holding Group, stated there would be a retention pond on the site, and it would discharge to the wetland at the southwest corner of the property at a rate equal to the pre -development rate. Puleo opened the meeting for public comment. Harley Johnson, 14196 Fenway Avenue, stated he owns a portion of the wetlands they intended to drain into, and feels it would drain into his ditch on the north side, which he maintains. Johnson also felt there were too many units proposed for this development and felt it would decrease his property value. The City Administrator stated the Rice Creek Watershed District and City Water Engineer were addressing the issue of stormwater management. Kellison made motion, Peltier seconded, to table the request for the Planned Unit Development to allow for the City Water Engineer and the Rice Creek Watershed's reports. All AYES. Motion carried Special Use Permit (River Citv ASDhalt) Public Hearin The Planning Commission conducted a public hearing to consider the request of Tom and Judd Jackson and Judy Marier, 5118 130th St. N., and River City Asphalt, Inc., Savage, MN, for a special use permit for a hot mix asphalt plant and recycling facility to be located in Outlot A, Woods of Bald Eagle. Kirsten Rojina, Civil Engineer for Sunde Engineering, representing River City Asphalt, felt an asphalt plant in the area would promote competitive bids for asphalt. Rejina explained the asphalt operations to the Planning Commission and public saying the hours would be from 6:00 AM to 7:00 PM. Rojina stated a crusher would be brought in approximately once per year for about two - or -three weeks, and the anticipated traffic would be 15 - 30 trucks per hour. River City Asphalt has a permit from the Minnesota Pollution Control Agency for its previous operation located on the east side of Hugo, which transfers from one location to another. Rojina addressed issues of dust control stating they would be working on a hard blacktop surface and water trucks would be controlling the dust around the aggregate stockpiles. Also addressed was noise levels, and Rojina stated they do not anticipate operating outside the noise standards established by the State. Schumann expressed concern regarding groundwater infiltration, stating it was an aqua -generation area. Rojina responded by saying the asphalt cement was in 30,000 gallon tanks and secondary tanks were required by the State. She also said the cement is liquefied at a very high temp; spills cool quickly and will not seep down into groundwater. Catherine Bell, 5091 124th St. opposed the increased noise from the trucks, and felt the amount of accidents on TH61 and 120th St. would increase. Tom Emery, Vice President of Corporate Affairs at Wilson Tool International, expressed concern regarding the uncontrolled intersection of 130th St. and TH 61, stating the increased volume and slow moving trucks would be dangerous and disruptive to Wilson Tool's operations. Emery also was concerned with the air quality of Wilson Tool's facilities and the emissions of dust and odors from the plant, which could not be filtered out and would be detrimental to the health of the nearly 600 employees working there. Emery felt property values would be negatively impacted, as studies have shown, and the granting of a special use permit for a hot mix asphalt and recycling plant is incompatible with the City's Comprehensive Plan. Emery stated he is not opposed to the growth of the Industrial Park, but feels the special use permit for River City Asphalt should be denied. Mike Black, Royal Oaks Realty, stated the proposed asphalt plant has caused a substantial negative impact on the sale of lots in Woods of Bald Eagle and the proposed Townhomes of Bald Eagle Lake. Black felt the plant would be visibly and environmentally obnoxious to the neighbors, and requested the Planning Commission recognize their investment made in the community and deny the special use permit. Mike Fleischhaker, 5448 140th St., expressed concern regarding trucks using 140th Street to access TH 61 to avoid the congestion on 130th Street. Fleischhaker felt the area was not equipped for the large heavy trucks. Minutes for the Planning Commission April 28, 1999 - Page 4 Galen Carlson, North Country Auto Body, located at 140th and TH61, felt he would be assessed for any road improvements done to 140th Street and does not want to pay for a road these trucks will destroy. Also of concern was the safety of the residents using the proposed 10' wide bike path. Marcel Eibensteiner, Royal Oaks Realty, stated they have buyers for their lots in the Woods of Bald Eagle who will back out on the deal if the asphalt plant is allowed. Rick Rau, 14155 Ferarra Ave., homeowner north of the proposed site, feels allowing the special use permit would be unfair to the established businesses in the area, and would pose a safety hazard to his and neighboring children. Dan Peka, 5076 124th St. N, works nights and feels the constant loud traffic on 120th would be very disruptive. Mike Marksymkiu, a resident living on 124th, south of the proposed asphalt plant, produced an article regarding a community in Bridgeport, Connecticut, which showed elevated levels of bronchitis, asthma and emphysema due to an asphalt plant located near residential housing. The article stated a recent Bridgeport Community Health Profile found 21 percent of the households surveyed had kids with asthma, three times the U.S. average. Marksymkiu also felt the slow moving vehicles on TH 61 would impact the commercial businesses in Hugo, since it is a main artery between White Bear Lake and Hugo. Warren Arcand, 5510 130th St. N., asked where the asphalt plant was located, and why they could not remain there. The City Administrator told him it was located on Irish Avenue, just north of County Rd 8, and could not remain there because of an agreement between the asphalt company, the City, and residents, which caused them to cease operations last November. The Administrator felt the City should live up to the agreement. Barb Pauling, 4948 124th St. N., felt the asphalt plant would jeopardize the safety of the children in the residential area and felt, being her husband works at Wilson Tool, he would not be able to get away from the noise, smell dust, etc., emitted from the asphalt plant. Terry Miller, Edina Realty, said the proposed asphalt plant is severely impacting potential buyers in the Woods of Bald Eagle, and expressed his desire to see a study done to determine the impact the plant would have on ground water. Puelo closed the public hearing. Kellison made motion, Peltier seconded, to deny the special use permit for a hot mix asphalt and recycling plant due to the lack of compatibility with the City's Comprehensive Plan, safety and environmental issues, unsightliness to other users of the Bald Eagle Industrial Park, and the potential drop in property values. All AYES. Motion carried Formal Concept Review (Townhomes of Bald Eagle Mike Black from Royal Oaks Realty, 4196 Lexington Ave., presented the Preliminary PUD showing 194 units on 39 acres, resulting in a density of 4.9 units per acre. They proposed single family homes, row type townhomes, and eight-plex units. Black felt the two large rows of pines within the plat could be protected and would provide a nice transition between the different types of homes. The plan also provided for berming along Fenway Avenue and Europa Avenue. Black stated they would not be encroaching on any wetlands; the openspace would consist of 66% of the site, and be landscaped and maintained. The Planning Commission expressed concerns regarding parks, dead-end streets, water pressure and school -aged children moving into the district. Mr. Black felt the parkland dedication fee of $1,350 was excessive for a high density area, and asked the City to consider changing the ordinance to make an exception for townhome type units. Schumann made motion, Puleo seconded to recommend approval of the Townhomes of Bald Eagle Concept subject to the recommendations from staff. AYES: Kellison, Kleissler, Schumann, Puleo ABSTAIN: Peltier, Peterson Motion carried. Minutes for the Planning Commission April 28, 1999 - Page5 Site Plan Approval (Sotelo Body & Paint Puleo had received a phone call from Brian McGoldrick regarding site plan approval for Sotelo Body & Paint. This issue was tabled at the Planning Commission meeting on February 24, 1999, pending additional information from McGoldrick. McGoldrick requested the Planning Commission schedule a special meeting to consider his request, and the Planning Commission decided they would hold a special meeting if McGoldrick agreed to pay the required fee. Land Use Meeting Puleo reminded the Planning Commission of the Land Use meeting being held by the City Council on May 10, 1999, 7:00 PM, at City Hall. Park Committee Kleissler felt there was a lack of communication between the Planning Commission and the Parks Commission, stating the Parks Commission would like to be informed in a more timely manner as to what is happening in the community. Schumann suggested an informal meeting be scheduled with the Planning Commission and Parks Commission. Kellision made motion, Schumann seconded, to adjourn at 10:25 PM. All AYES. Motion carried. Michele Lindau, Secretary Planning Commission