HomeMy WebLinkAbout1994.03.23 PC MinutesThe regular meeting was called to order by Chairman Peltier at 7:01PM.
PRESENT: Davis, Agness, Schumann, Rubenzer, Olson, Peltier, Administrator
Museus
ABSENT: Kellison
Motion made by Schumann, seconded by Olson to approve the minutes of
February 23, 1994 as amended.
On February 23, 1994, the Hugo Planning Commission conducted a public
hearing regarding the application of Grace Development Corp., to rezone
and subdivide approximately 26 acres, located between the Bald Eagle
Industrial Park and the development known as Oak Shore Park, into 30
single family homesites and two outlots. At the request of homeowners
near the proposed development, and Mr. Ken Tschida representing Grace
Development, the Planning Commission continued the hearing to March 23 in
order to allow time for the developer and local homeowners to meet and
discuss the project.
Administrator Museus reviewed with the Planning Commission a petition
filed by Oak Shore Park home owners to require the developers to prepare
an Environmental Assessment Worksheet. He stated that the code requires a
recommendation be made within 30 days of filing the application with the
City.
Mr. Jim Merila requested that the Planning Commission table the rezoning
and subdivision requests until a determination is made regarding the EAW.
The Commission preferred to hear the residents assembled at the meeting.
Mr. Merila stated that refinement of the wetland delineation cannot be
made until the frost is out. He also stated that the developers are
willing to provide restrictive covenants. Mr. Merila addressed the
concerns of residents as follows:
1. Low density - No lots abutting Oak Shore Park are less than one
acre. The smaller lots abut to park and horse area. As proposed
there would be 1.3 to 1.5 units per acre.
2. Decrease property values - Upscale housing would raise property
values.
3. Community survey indicates residents prefer to keep Hugo rural - 62%
of resident sresponding to the survey live on 1 acre or more. Areas
which provide sewer and water are meant to be smaller lot sizes,
because of the additional costs for financing and maintainng the
utilities and streets.
4. Limited access to the subdivision - Plan has been amended to route
traffic via 130th St. Europa Ave. is proposed to be constructed to
Ethan Ave.
5. Excess traffic on 126th through residential area - Most traffic woulc
be routed through 130th.
6. Wetland Impact & flooding Oak Shore Park horse area - Drainage from
the proposed plat is routed to dentention ponding areas which will
limit the rate of run-off out of the development to the rate of
run-off prior to development. Therefore, the horse pasture area will
not be affected by the development. The drainage ways for the
natural drainage through the property, will be cleaned out as
permitted by regulating agencies.
P. C. Minutes - March 23, 1994
Page 2
7. Wetland to the east - Drainage from the large wetland east of the
park will not be blocked off. The ditch draining westerly from
Falcon Ave. will be cleaned out, and properly sized sulverts will be
installed under Europa Ave.
8. Trespassing on private park - Adjacent park was recommended by the
City. Developers are willing to share in the cost of installing a
fence to protect the private park.
9. Noisy pump station - Pumps are relatively quiet when closed. When
opened the noise is noticeable.
10. EIS or EAW required - EQB sets criteria, with less than 1/2 acre of
wetland fill an EAW is not required.
11. Fire & police protection - Fire hydrants will be located in the new
subdivision. Fire and police will have access from 130th St.
12. Excessive use of Exhall and 126th - Again, 130th is proposed as the
main access.
Many area residents were present in opposition to the proposed Woods of
Bald Eagle for all of the reasons stated above. Most residents felt one
acre lots should be maintained in the area.
Mr. Merila stated that soil borings have been done. The existing drainage
problems are created further south. The developers are not claiming to
have all RCWD and DNR questions worked out, which is why the tabling was
requested. Mr. Merila stated they would be willing to provide a traffic
count conducted by an independent agency.
The public hearing was closed at 9:40PM.
After a very lengthy discussion, a motion was made by Rubenzer, seconded
by Peltier to grant the developer's request to table a decision on the
rezoning of the property until the April 27, 1994, Planning Commission
meeting when additional concerns can be addressed.
AYE: Davis, Agness, Schumann, Rubenzer, Peltier
NAY: Olson
Motion passed.
PUBLIC HEARING SUBDIVISION (WHITE BEAR MEAjQWS)
Mr. Jack Kornovich, 11499 Martin Street NW, Coon Rapids, MN., has made
application to subdivide approximately 21 acres, located in the NE
quadrant of 140th Street and Fenway Avenue, into 51 single family
residential lots. In addition, he has requested a variance to Hugo City
Code, to allow the creation of 10 double -frontage lots along the Metro
Waste Control Commission's sewer line.
Mr. Fred Hagen, RLK Engineering, stated that Kate Drewry had walked the
site and determined that no wetland was present. Action was expected to
be taken at the RCWD 2-23-94. Mr. Hagen stated they developer would
install bituminous surfacing on 140th St. excluding curb and gutter
because of pending changes to the road. The engineers have proposed a 9
ton road.
Numerous area residents opposed the development. Concerns were expressed
regarding the single access to the site, poor visibility crossing the
railroad tracks to Highway 61, additional demand placed on the school
P.C. Minutes - March 23, 194
Page 3
district with rising population, industrial and residential areas being
combined, and drainage. Mr. William Lowell requested some form of
screening from his business. Mr. and Mrs. Harley Johnson were concerned
about the possible complaints regarding their sod business. Mr. Johnson
also felt the road bed should be moved nearer the sewer line.
Chairman Peltier closed the public hearing at 10:40PM.
Planning Commissioners concurred with many of the concerns of the
residents, however, the property is zoned SFU and the developer is
entitled to use this property in accordance with City ordinance.
Motion made by Schumann, seconded by Peltier to recommend approval of the
request of Willie Lessard/Bor Mor, Inc., to subdivide 21 acres into 51
single family homesites subject to the following special conditions.
1. The survey/plat must be submitted to the city council within 90 days
of preliminary survey acceptance or planning commission approval
shall be null and void.
2. Plat/survey approval shall be contingent upon compliance with the
plat/survey conditions, as well as, the grading, stormwater drainage,
and utility plans.
3. All conditions of plat/survey approval must be met prior to the
stamping of any deeds for recording by the city clerk unless
otherwise permitted by council action.
4. The property lines on site must be identified by the applicants to
assure proper setbacks when buildings are to be constructed if
required by the building inspector. All lots must be properly staked
5. Proposed driveways or drainage areas within the development must
include installation of a minimum 15" diameter corrugated metal
culvert in a manner acceptable to the city.
6' No building permits shall be issued until the plat/survey has been
approved and recorded with Washington County.
7. The securing of the required permits from the watershed district,
Department of Natural Resources, and Army Corps of Engineers prior to
final plat approval.
8' All fees relating to this subdivision shall be paid by the applicant
including the cost of recording documents with Washington County.
9. Any driveway permits requiring access to highways or county roads may
not be issued until the necessary permits are secured from Washington
County or the Minnesota Dept. of Transportation.
10. Percolation tests for each buildable site must be submitted to the
city prior to final survey or plat approval.
11. Dedication of required parkland or payment of fee in lieu of parkland
dedication shall be paid to the city at the time of final plat
approval.
12. The lowest floor elevation of any structure in this subdivision shall
be determined prior to final plat approval.
13. Installation of required roadways including street, curb and gutter,
stormwater control, and utilities shall be installed at the
developers expense.
14. Subdivision approval shall be contingent upon full compliance with
the developers agreement between the city and developer.
F.C. Minutes - March 23, 1994
Page 4
15. No improvements, landscaping, or grading shall be permitted in the
identified drainage areas without the express written authorization
of the city and the appropriate watershed districts.
16. All property owners shall be responsible for maintenance of drainage
areas within easements on their property.
17. Developer shall comply with all requirements and restrictions
applicable to identified wetlands.
18. The developer shall deposit with the city an initial amount of $5,000
to cover legal, engineering, administrative, and other costs related
to this development.
19. Developer agrees that lots to be abutting on cul-de-sac or
termination turnarounds of streets shall be provided with adequate
off-street parking such that the city could prohibit on street
parking if deemed necessary for safety or maintenance purposes.
20. The developer shall provide a financial guarantee equal to 1.25 times
the amount of the required public improvements to be installed to
serve lots within the plat.
21. The developer shall be responsible for street signs, identifying
mailbox: locations, providing as -built drawings, installation of
trees, and culverts within the development as required.
22. No significant deviations from the approved preliminary plat shall be
permitted unless reviewed by the planning commission prior to council
approval.
23. Any exterior lighting or advertising activities on site must be
approved by the city.
24. The use for which this permit is sought is not in violation of any
restrictive covenants applying to the property referenced herein.
25. The developer shall permit access to the referenced site for periodic
inspections to assure conformance with the special conditions.
26. (411 drainage and erosion control methods proposed for this
development shall be completed prior to the city accepting the
roadway or public improvements serving said development.
27. Legal descriptions of all parcels to be subdivided shall be included.
28. 140th & F=Fnway Ave. be declared collector streets, with a 40'
e a s e m e n t.
9. All. deeds for parcels created note the existence of current business=.s=.
lcicate d adjacent to the development.
Ever -green trees be planted 15` on center, 12' to 15` in height, along
thEief F;outh property line of lots 1 through 5, block. . , to screen tli�--
iFtC1Lt_t.rial area.
31. Bi. Luin.i.nr_--us_. SUr-faci.ng instal led on 14Cith St.
AYE: Acgness, Schumann, Olson
NAY: Davis, Rubenzer, F'eltier
Motion ti( d.
P.C. Minutes - March 23, 1994
Page 5
Motion made by Peltier, seconded by Olson to forward the subdivision
request (White Bear Meadows) to the City Council without a recommendation.
All aye, motion passed.
Frank and Jody Puleo, 6375 165th Street North, have requested an SUP to
allow the retail sales of horticultural products on their property and
construction of a temporary tube type greenhouse, located at the above
address. The temporary buildings will be on a seasonal basis, to allow
for the growing and sale of potted perennials, shrubs, and other
landscaping plants. If the SUP is approved, Mr. Puleo will need to
provide a site plan for approval. Previous SUP's, similar to the one
requested, have been issued by the City, subject to limited conditions for
reasonable hours and dates of operation, permitting of one sign
constructed in accordance with the City Sign Ordinance, reasonable
setbacks from adjacent property, traffic access considerations, and the
condition that the permit shall expire with any subdivision of the
property.
Mr. Puleo stated he intends to create walking paths through the products
grown on site where customers can view the products then purchase at the
retail counter. Most business is wholesale.
Motion made by Rubenzer, seconded by Agness to recommend approval of the
request of Frank Puleo to construct a 1,008 sq. ft. temporary greenhouse
for the sale of horticultural products grown on site (6375 165th St.)
subject to the following conditions:
1. SUP shall become null and
excluding the subdivision
2. The temporary, tube type
removed in August.
3. Hours of operation to be
All aye, motion passed.
void upon subdivision of property,
of one 10 acre homesite.
structure shall be constructed in April and
determined.
On September 3, 1993, the Hugo City Council granted final plat approval to
the subdivision to be known as COUNTRY PONDS, located along the east side
of Trunk Highway 61, in Section 29 of the City. Delineation of the
wetlands by the Army Corps of Engineers has made development of the
subdivision, as originally approved, impossible. The developers have
reapplied to reduce the number of single family homesites developed, from
98 to 57, in order to avoid wetlands.
Mr. Larry Olson, Civil Engineer for the project stated that the RCWD was
reviewing the revised plan on March 23 also. He also noted that the City
Council had reviewed the plan at their March 21st meeting. The
possibility of creating a homeowners association or an easement to the
south portion of the wetland for recreation purposes was discussed.
P.C. Minutes - March 23, 1994
Page 6
Motion made by Agness, seconded by Davis to recommend approval of the
request of Arlington Properties to subdivide 45.2 acres into 32 lots
subject to the following special conditions:
1. The plat must be submitted to the city council within 90 days of
preliminary survey acceptance or planning commission approval shall
be null and void.
2. Plat approval shall be contingent upon compliance with the plat
conditions, as well as, the grading, stormwater drainage, and utility
plans.
3. All conditions of plat approval must be met prior to the stamping of
any deeds for recording by the city clerk unless otherwise permitted
by council action.
4. The property lines on site must be identified by the applicants to
assure proper setbacks when buildings are to be constructed if
required by the building inspector. All lots must be properly staked
5. Proposed driveways or drainage areas within the development must
include installation of a minimum 15" diameter corrugated metal
culvert in a manner acceptable to the city.
6. No building permits shall be issued until the plat has been approved
and recorded with Washington County.
7. The securing of the required permits from the watershed district,
Department of Natural Resources, and Army Corps of Engineers prior to
final plat approval.
8. All fees relating to this subdivision shall be paid by the applicant
including the cost of recording documents with Washington County.
9. Any driveway permits requiring access to highways or county roads may
not be issued until the necessary permits are secured from Washington
County or the Minnesota Dept. of Transportation.
10. Percolation tests for each buildable site must be submitted to the
city prior to final survey or plat approval.
11. Dedication of required parkland or payment of fee in lieu of parkland
dedication shall be paid to the city at the time of final plat
approval.
12. The lowest floor elevation of any structure in this subdivision shall
be determined prior to final plat approval.
13. Installation of required roadways including street, curb and gutter,
stormwater control, and utilities shall be installed at the
developers expense.
14. Subdivision approval shall be contingent upon full compliance with
the developers agreement between the city and developer.
15. No improvements, landscaping, or grading shall be permitted in the
identified drainage areas without the express written authorization
of the city and the appropriate watershed districts.
16. All property owners shall be responsible for maintenance of drainage
areas within easements on their property.
17. Developer shall comply with all requirements and restrictions
applicable to identified wetlands.
18. The developer shall deposit with the city an initial amount of $55000
to cover legal, engineering, administrative, and other costs related
to this development.
P.C. Minutes - March 23, 1994
Page 7
19. Developer agrees that lots to be abutting on cul-de-sac or
termination turnarounds of streets shall be provided with adequate
off-street parking such that the city could prohibit on street
parking if deemed necessary for safety or maintenance purposes.
20. The developer shall provide a financial guarantee equal to 1.25 times
the amount of the required public improvements to be installed to
serve lots within the plat.
21. The developer shall be responsible for street signs, identifying
mailbox locations, providing as -built drawings, installation of
trees, and culverts within the development as required.
22. No significant deviations from the approved preliminary plat shall be
permitted unless reviewed by the planning commission prior to council
approval.
23. Any exterior lighting or advertising activities on site must be
approved by the city.
24. The use for which this permit is sought is not in violation of any
restrictive covenants applying to the property referenced herein.
25. The developer shall permit access to the referenced site for periodic
inspections to assure conformance with the special conditions.
26. All drainage and erosion control methods proposed for this
development shall be completed prior to the city accepting the
roadway or public improvements serving said development.
27. Legal descriptions of all parcels to be subdivided shall be included.
28. Copy of the current Army Corps of Engineers permit for this project
shall be provided to the City.
29. Obtain necessary Rice Creek Watershed District permits required for
this project.
30. The City is in receipt of a letter from the DNR dated February 14,
1994, regarding the amended plat. Any approval provided this plat
will be conditioned upon compliance with the DNR's permitting
process. Any correspondence regarding the National Pollution
Discharge Elimination System (NPDES) Permit, should be provided to
the City.
31. A revised permit will be necessary for access to Trunk Highway 61
from MNDOT.
32. City Ordinance 290-7, Subd. A (3) (e), requires a utility plan be
provided to the City.
33. Rename Fiona Ave., from Trunk Highway 61 to Fiona Circle as 136th St.
34. Use of the soil from the ponds being created along Trunk Highway 61
to create a berm along block 2 of the state highway will provide a
buffer, benefitting the neighborhood. A common landscaping plan for
the bermed area would enhance the appearance of the subdivision and
should be considered by the developer.
35. Delineate the boundaries of the 100 year flood plain in the
development area in order to ensure compliance with the City's flood
plain ordinance.
36. A large wetland area, unusable for building, should be set aside for
common use of the residents of the development.
All aye, motion passed.
Motion made by Schumann, seconded by Agness to adjourn at 12:23PM!
Al
Carole LaBelle, Secretary
Hugo Planning Commission