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HomeMy WebLinkAbout1999.07.28 PC MinutesMINUTES FOR THE PLANNING COMMISSION MEETING OF 7-28-99 The meeting was called to order by Planning Commission Chairperson Puleo at 7:07 PM. PRESENT: Kleissler, Peltier, Peterson, Puleo, Kellison City Administrator, Robert Museus Deputy Clerk, Michele Lindau ABSENT: Malaski, Schumann MINUTES OF JUNE 23, 1999 Peltier made motion, Kleissler seconded, to approve the Planning Commission minutes for the meeting of June 23 1999, as submitted. All Ayes. Motion carried. MINUTES OF JULY 14, 1999 Kellison made motion, Peltier seconded, to approve the Planning Commission minutes for the meeting of July 14, 1999, as submitted. All Ayes. Motion carried. WENZEL FARM PUD/CONDITIONAL USE PERMIT APPLICATION The Planning Commission considered the request of Arnt, Oakwood, LLC, 1611 Highway 10 Northeast, Spring Lake Park, for a Planned Unit Development of approximately 210 acres located in the western edge of the City between 140th Street and 150th Street. The Planning Commission held a public hearing at their regular meeting on June 26, 1999, and at a special meeting on July 14, 1999, at which time the CUP request was tabled. The staff had prepared a Planned Unit Development permit which was considered at this meeting. Kellison stated he had a contractual relationship with one of the developers; therefore, he would abstain from the voting but will offer his comments on the project. Of main concern was the realignment of Elmcrest Avenue, since it will be receiving a substantial amount of traffic The developers had worked with the City Engineer on the revised plan that showed Elmcrest as one continuous road through the development. Also discussed were side yard setbacks, front yard setbacks, and building setbacks from Clearwater Creek. Puleo made motion, Peltier seconded, to recommend approval of the PUD for Wenzel farms subject to the conditions of the revised Planned Unit Development Permit. Ayes: Kleissler, Peltier, Peterson, Puleo Abstain: Kellison Motion carried. WENZEL FARMS PHASE 1 PRELIMINARY PLAT Pratt, Arnt, Oakwood, LLC, 1611 Highway 110 Northeast, applied for preliminary plat approval of Phase 1 for the Wenzel Farms Planned Unit Development, consisting of 58 single family homes on 32.4 acres. After considering Minutes for the Planning Commission July 28, 1999 - Page 2 the application at a special meeting on July 14, 1999, staff prepared conditions of preliminary plat approval for review by the Planning Commission. Puleo made motion, Peltier seconded, to recommend approval of the preliminary plat for Phase 1 of the Wenzel Farm PUD, subject to the conditions in the staff report as well as the following: 1. The developer shall construct Elmcrest Avenue as a 32 foot wide urban standard street within a 60 foot road right-of-way as part of the development. 2. Payment of parkland dedication fee for each lot created in lieu of dedicating parkland. 3. A twenty foot wide right-of-way for a public bike trail be provided across the entire project site, with the parkland dedication fee to be credited for the easement and trail. 4. Sidewalks to be constructed along both sides of Elmcrest Ave. N. Ayes: Kleissler, Peltier, Peterson, Puleo Abstain: Kellison Motion carried. REZONING - MARTHA PELTIER The Planning Commission considered the request of Martha N. Peltier, 15367 Everton Ave. N., to rezone 100 acres from Agriculture to Single Family Residential because she wishes to sell the property for single family development. The property is generally located on the east side of Everton Avenue between County Road 8 and 165th St. The property, located in the City's 20/20 Urban Development area, lies adjacent to Urban Residentially zoned property to the east and agriculturally zoned property to the north, south, and west. Staff felt the proposed zoning classification of Urban Residential is in compliance with the City's Comprehensive Plan. Adequate road access and the extension of public utilities would be required as part of the development of the site. Everton Avenue is proposed to serve as a collector street for the area between Elmcrest Avenue and Trunk Highway 61. This is currently a gravel road connecting the Peltier property with Frenchman Road. Sanitary sewer service is available from the Metropolitan Council Environmental Services trunk main lying along the east side of the Peltier property. Water service is available from the Creekview Preserve Subdivision. The City will not have adequate volume or pressure to serve the property until such time as the proposed new water tower and well are constructed. The City Administrator read the public notice as published in the White Bear Press, and Puleo opened the public hearing. Arnie Triemert, 15220 Everton Ave.; John Upston, 15190 Everton Ave.; and Mike Happ, neighboring property owner, were concerned about the road being a narrow cartway and the potential cost of reconstructing it. There were no other comments, and Puleo closed the public hearing. Kellison suggested the City Engineer and Planner address concerns regarding property values for surrounding properties. Kellison made motion, Kleissler seconded, to table the rezoning request and direct staff to schedule a public land use workshop to address issues regarding land use in the area. Ayes: Kleissler, Peterson, Puleo, Kellison Abstain: Peltier Motion carried. Minutes for the Planning Commission July 28, 1999 - Page 3 REZONING - JERRY & DOROTHY NEESER The Planning Commission considered the request of Jerry and Dorothy Neeser, 15815 Elmcrest Avenue N., to rezone 124 acres from Agriculture to Single Family Residential. The property is generally located between Elmcrest Avenue and Everton Avenue and between Frenchman Road and 165th St. Staff felt the proposed rezoning of this property is in conformance with the City's Comprehensive Plan, and the extension of streets and utilities to serve the development would require coordination with adjacent property owners. The City Administrator read the public notice as published in the White Bear Press, and Puleo opened the public hearing. Jerry Neeser indicated that he intends to sell the property for residential development and requested they be included in the workshop. Leroy Peltier, 15257 Everton Ave. N., requested all neighboring property owners be invited to attend the workshop. There were no other comments, and Puleo closed the public hearing. Kellison made motion, Peltier seconded, to table the rezoning request and include it in the workshop to be scheduled. All Ayes. Motion carried. CONDITIONAL USE PERMIT - WAGNER GREENHOUSES The Planning Commission considered the request of Johnson Wholesale Florist, 2582 Long Lake Rd., Roseville, and Wagner Greenhouses, 6024 Penn Avenue South, Minneapolis, for an amended Conditional Use Permit and Site Plan Approval to construct additional greenhouses and a future retail garden center on approximately 40 acres of property located at 4860 Frenchman Rd. It was determined by staff that the use, as proposed, is not permitted in the City's General Business District and the application is not in conformance with various sections of the City's Comprehensive land use regulations. Chairperson Puleo stated he has been a business associate of the applicant for several years; therefore, he turned the chair over to Peltier. The City Administrator read the public notice as published in the White Bear Press, and Peltier opened the public hearing. Scott Wagner stated his intent to construct more greenhouses and eventually have a retail operation. The City Administrator responded by saying that, while retail is allowed, wholesale is not, and a lawful non -conforming use is not permitted to increase operations. John R. Johnson stated he leases the west 40 acres of his property to Wagner, and he was never made aware of the zoning change. Richard Meath, 15128 Everton Ave., felt the Wagners conducted a very professional business and would like to see them continue to operate. There were no other comments, and Peltier closed the public hearing. Kellison made motion, Peltier seconded, to recommend denial of the Conditional Use Permit for Wagner Greenhouses to expand operations. Ayes: Kellison, Kleissler, Peltier, Peterson Abstain: Puleo Motion carried. Minutes for the Planning Commission July 28, 1999 - Page 4 PLANNED UNIT DEVELOPMENT - TOWNHOMES OF BALD EAGLE The Planning Commission considered the request of Royal Oaks Realty, Inc., 4196 Lexington Avenue, Shoreview, for preliminary plat approval for the development of 185 townhouse units on approximately 40 acres of property located in the northeast quadrant of the intersection of 130th St., and Fenway Blvd. Mike Black, Royal Oaks Realty, presented the revised plan showing driveway access along the proposed Europa Ave. which had a curvilinear design that he felt would calm traffic in the area. Black also answered questions from the Planning Commission regarding issues brought forth in the Staff report. The City Administrator read the public notice as published in the White Bear Press, and Puleo opened the public hearing. Tom Jackson, owner of the property to the east of Fenway between 130th St. and the City owned property, felt the residential use of the property is not appropriate since it was so close to the Industrial Park. The Planning Commission and developer discussed landscaping, stormwater runoff, utilities, and parkland dedication and open space. There were no other comments, and Puleo closed the public hearing. Puleo made motion, Peltier seconded, to recommend approval of the preliminary plat for the Townhomes of Bald Eagle subject to the conditions in the Staff and Engineer's reports as well as the following: 1. The connection of 130th Street to Fenway Boulevard is to remain and be improved to the City's urban minor street standard, except that it shall be constructed 26 feet wide. No parking shall be allowed on 130th Street between Fenway Boulevard and Europa Trail. 2. Payment of a park land dedication fee for each lot created in lieu of dedicating park land. 3. The loop roads identified abutting Europa Trail and 132nd Street shall be public streets, 26 feet wide with 50 foot easements. 4. Payment of a stormwater trunk fee in lieu of providing on-site stormwater rate control. All Ayes. Motion carried CONDITIONAL USE PERMIT - RICK'S LIOUOR The Planning Commission considered the request of Rick and Kelly Lindstrom, 50220 Fairfield Ave., Rush City, MN for a Conditional Use Permit to operate a 4,800 square foot, off -sale liquor store to be located on Lot 3, Block 1, of the Bald Eagle Industrial Park 2nd Addition. The application was made prior to adoption of the City's revised City ordinances. Under the old Hugo City Code 320-4, Subd. K, 3 operation of an off -sale liquor store in the central business district was a special use. In the City's current zoning ordinance, no special standards were applied to off -sale liquor stores and it would be considered a retail use which is allowed in the Residential Service District (the new zoning classification for the property). The City Administrator read the public notice as published in the White Bear Press, and Puleo opened the public hearing. Julie Jeffrey -Schwartz, representing the Lindstroms' stated the Lindstroms operate a liquor store in Wyoming and have never been cited for any infractions. Schwarts felt the store had a high land/building ratio and would be an appropratie buffer between the industrial and residential area. Twany Moreno, 5335 141st St. N., stated she did not want the liquor store in the neighborhood, and that many of her neighbors felt the same way. Minutes for the Planning Commission July 28, 1999 - Page 5 Mary Squires, 5336 140th St. N. had concerns regarding the traffic because there were no lights or speed limits posted on 140th St. N. Jennifer spears, 5346 140th St. N., felt a liquor store was not appropriate so close to the residential area and that the children in the neighborhood would be adversely affected by it. Deb Hanson, 14080 Finale Ave. N., stated she had small children and expressed the same concerns as her neighbors had. Jeffrey-Schwarts rebutted the remarks stating selling alcohol to those under the influence or to minors is illegal, the Lindstroms had never been cited for such, and there was enough demand for a liquor store in the area. There were no other comments, and Puleo closed the public hearing. Kellison felt they were not in a position to regulate how many of certain types of business would be allowed in the City, and laws would prevent the business from harming the community Kellison made motion, Puleo seconded, to recommend approval of the facility on the site under the existing ordinance, as a Conditional Use Permit was not necessary. All Ayes. Motion carried. CONDITIONAL USE PERMIT FOR POLE BUILDING - NEAMY Scott and LeAnn Neamy, 17220 Keystone Ave. N., had previously applied for a Conditional Use Permit for the construction of a pole barn which was considered by the Planning Commission at their meeting on June 23, 1999. Action was tabled to allow Mr. Neamy time to investigate the possibility of combining the two parcels of land to create a 20 acre parcel. One of the parcels is under a contract -for -deed. Mr. Neamy stated his lawyer felt Neamy should be allowed to fall under requirements given to 20 acre parcels, and a letter could be drafted and recorded at the County stating both parcels of land must be sold jointly. The Planning Commission felt the City Attorney should be consulted. Puleo made motion, Kellison seconded, to table the request for a Special Use Permit for construction of a pole barn to allow Neamy time to resolve the issue with City Staff All Ayes. Motion carried. CONDITIONAL USE PERMIT FOR A COMMERCIAL BUSINESS - NEAMY The Planning Commission considered the request from Scott and LeAnn Neamy for a Conditional Use Permit to operate a day camp on their property at the above address for seven weeks during the summer, which would be considered commercial, outdoor recreation as stated in Code 320., Section 6.15. Outdoor commercial recreation activities are permitted in the Agricultural District by a Conditional Use Permit. The Neamy's also operate a business named Down on the Farm, a commercial petting zoo and commercial stable. Maintaining the animals for a petting zoo is allowed in the Agricultural District in accordance with Section 3.38, Livestock and Poultry. Horse training and boarding facilities are permitted accessory uses in the Agricultural Zoning District. Where such facility houses 10 or more horses, the principal access must be located on a state highway, county road, or City collector street. The principal concern was that the property is serviced by Keystone Avenue, north of County Road 4, which is a gravel road. Minutes for the Planning Commission July 28, 1999 - Page 6 Neamy offered to pay for chemicals to apply to the portion of the road to keep the dust at a minimum. The City Administrator read the notice as published in the White Bear Press, and Puleo opened the meeting for public comment. Robyn Bachmeier, 17191 Keystone Ave. N., felt the substantial commercial traffic on the roadway was a nuisance and asked if the traffic could be redirected. There were no other comments, and Puleo closed the public hearing. Kellison made motion, Peltier seconded, to table the request to allow staff time to draft a Conditional Use Permit for a commercial business. All Ayes. Motion carried CONDITIONAL USE PERMIT - MOGREN The Planning Commission considered the request of Mr. Chris Mogren, 6006 25th Circle N., Oakdale, for a Special Use Permit, to construct and operate a wholesale nursery supply and landscaping business on his property at 7310 132nd St. N. Staff recommended denial of the CUP as a contract nursery supply/landscaping business is not a permitted principal or accessory use within the Rural Residential District. The City Administrator read the notice as published in the White Bear Press, and Puleo opened the meeting for comments. Dean Stedt, 7416 132nd St. N., does not want to see the increase in traffic. Rennae Glidden, 7215 137th St. N., felt the land was not being used properly. Burning was being done and Glidden fears by-products of the business will be dumped on the property. Puleo closed the public hearing. Kellison made, Kleissler seconded, to deny the Conditional Use Permit for the wholesale nursery supply and landscaping business. Ayes: Kleissler, Peterson, Puleo, Kellison Nay: Peltier Motion carried. Puleo made motion, Peterson seconded, to adjourn at 11:30 p.m.. All Ayes. Motion carried. Michele Lindau, Secretary Planning Commission