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HomeMy WebLinkAbout1988.02.24 PC MinutesPLANNING COMMISSION MINUTES - Regular Meeting February 24, 1988 The regular meeting was called to order at 7:06 PM by Chairman Sent.-.ler. PRESENT: Henry, Sonnenfeld, Barnes, 8enkler ABSENT: Jesinski, Sullivan Motion made by Henry, seconded by Barnes to approve the Minutes of January 27, 1988 as amended. All aye, motion passed. The oath of office was administered to the newest member of the Commission, Mr. Troy Sonnenfeld. On behalf of Birchwood Builders, Inc. Ms. Orella Gallivan and Mr. Richard Granger have made application to the City of Hugo for the rezoning of a 42 acre tract of land from RR1 to SFE. The property in question is located north of Lake Air Estates and south of Hugo Industrial Park, west of Highway 61. The property is generally described as the east 1/2 of the southwest 1/4 of the northeast 1/4 of section 31, T31N, R21W and the southeast 1/4 of the northeast 1/4, lying westerly of the railroad right of way in Section 31, T31N, R21W. The north, west, and south borders of the property in question abutt SFE zones. The property to the east of the site in question is the Burlington Northern Railroad and Trunk Highway 61. East of Highway 61 is an agricultural district. The northeastern corner of the site in question abutts on an industrial zone. It is the intent of the applicant to subdivide the property in question into one acre lots to be served by individual wells, sanitary sewer and surfaced streets. The proposal in question appears to be consistent with the development in the area. The development would appear to be a good use of the property in question in light of the current growth patterns in the City of Hugo. The proposal before the commission is a change in general land use classification. The actual use of the property would be subject to review and controls via the formal subdivision process. Notice of the public hearing has been published in the legal newpaper and notices sent to surrounding property owners of record. Mr. Granger was present to address any questions from the public regarding this proposal. He stated he did understand that a portion of the property is within a protected wetland area and will submit applications to the Dept. of Natural Resources and Rice Creek Watershed District for their approval. Howard Kuusisto informed Mr. Granger that the cul-de-sac was in excess of 600' and would require a variance to allow for the length or a revised plan to shorten the distance. Administrator Huber explained that it would be preferable to allow the longer cul de sac and maintain right angles on the roads for safety reasons rather than change the angle of the road intersection. The public hearing was opened for comments at 7:15 PM. Mr. Jim Hauer requested that owners of the park area in Oak Shore Park be sent notices of future hearings on this matter. Mr. Huber requested they submit a list of persons wishing to be added to the mailing list. Planning Commission Minutes - February 24, 1988 page 2 Motion made by Barnes, seconded by Henry to recommend approval of the Granger/Gallivan application to rezone 42 acres from RR1 to SFE because it compatible with the surrounding neighborhood and can be served by sanitary sewer and streets. All voting aye, motion passed. Subdivision r)reliminary plat (Granaer/Gallivan) On behalf of Birchwood Builders, Inc. an application has been made for the subdivision of 43 acres into 28 lots located west of Highway 61 and north of Lake Air Estates (east 1/2 of the southwest 1/4 of the northeast 1/4 of Section 31, T31N, R21W and the southeast 1/4 of the northeast 1/4, lying westerly of the Railroad right of way, Section 31, T31N, R21W). In conjunction with this proposal the applicant is also requesting a variance from chapter 290-6, Sub. C-10 of the subdivision ordinance to allow for temporary private road access on the subdivision plat. The applicants propose to develop 27, one acre lots within the subdivision. They are also proposing an Outlot that may accomodate a small townhouse or condominium sometime in the future. The layout for the Bald Eagle Estates Subdivision has primary access from 126th St. No. and Falcon Ave. extended. The developer intends to use the on site wetlands as the surface water storage area for the development in question. It is the intent to service the lots in question with sanitary sewer and surfaced streets. The stormwater control plan must be approved by the Rice Creek Watershed District. Copies of the plan will be submitted to the Metropolitan Council for their comments as well as the State Dept. of Transportation. The developer has shown the approximate building locations for those lots adjacent to easements. Copies of this preliminary plat were also sent to the City engineer and city attorney for their review and comment. Copies of the proposed restrictive covenants by the developer are on file for your review. Notice of this hearing has been published in the legal newspaper as requested. If the Planning Commission feels this development plan is consistent with other development in the area and warrants the commissions recommendation, we would suggest that approval of the preliminary plat be subject to the special conditions recommended by staff. The public hearing was opened for comments from the audience at 7:37. Mr. Granger informed the commission that the drainage easement on the south of the property in question is actually within Lake Air Estates and the watercourse of that ditch would not change as a result of this development. Mr. Granger indicated that the access to Outlot A could be dedicated but not improved until the time that the lot was developed. Mr. Granger was informed that if a townhouse or condominium were built on Outlot A it must be one dwelling unit per acre. Local residents felt that there was a significant increase in traffic through Oak Shore Park as a result of Lake Air Estates and that additional development would be a detriment to the area. Residents Garner, Butters, Cofer, Hauer, Stangeland, and Keane strongly opposed any development because of the excessive traffic, speeding, and heavy equipment. In the opinion of the residents the 126th St. access would create a thoroughfare from Highway 61 through Oak Shore Park damaging the roads extensively. There was concern about ditch maintenance, the volume of cars using the gravel portion of 126th St., and that there is no grading being done presently. Grace Jackson indicated that Europa Ave. was originally planned to be a connecting street and that they were designed to city standards to accomodate additional traffic. Planning Commission Minutes - February 24, 1988 Page 3 Motion made by Henry, seconded by Sonnenfeld to table the Subdivision application of Richard Granger/Orella Gallivan until the commissioners could pursue the issues of traffic, condition of Falcon Ave. and 126th St., and other concerns of the surrounding residents. Chairman Senkler asked Mr. Granger if he wished this application to be tabled until the next Planning Commission meeting in March. Mr. Granger felt that these questions would be addressed by the Council and there would be no benefit to wait and requested a vote on the subdivision. The motion and second to table were withdrawn. Mr. Granger agreed to waive the statutory filing period for the Planning Commission Report Motion made by Senkler, seconded by Barnes to recommend approval of the application by Richard Granger/Orella Gallivan to subdivide 42 acres into 28 homesites on the following described site (east 1/2 of the southwest 1/4 of the northeast 1/4 of Section 31, T31N, R21W and the southeast 1/4 of the northeast 1/4, lying westerly of the railroad right of way, Section 31, T31N, R21W) subject to the following conditions. 1. The preliminary plat be submitted to the City Council for approval within 90 days of the Commission's recommendation and that the revised plat incorporate the recommendations of RCWD and other governmental agencies. 2. The preliminary plat will not be submitted to the council until all engineering, legal, and staff'recommendations have been incorporated into the plat. 3. All fees relating to the subdivision shall be paid by the applicant including the cost of recording documents with Washington County. 4. Developer secure any required approval and permits from the Dept. of Transportation for the improvement of 125th ST. from Falcon Ave. to Highway 61. 5. Developer pay a fee in lieu of parkland dedication at the time of final plat approval. 6. All utilities and other improvements must be installed as per city design requirements and the cost of all on site improvements be borne by the developer. 7. All utilities and improvements shall become a part of the City system but must be maintained by the developer until all improvements are complete and accepted by the city. 8. Stormwater holding ponds and ditches must be approved by the watershed district and maintained by the property owner with the method of maintenance to be reviewed by the city engineer. 9. Outlot A shall ��t be developed until such time a public roadway and utilities are extended to serve said lot. 10. The internal roadway system shall be of a bituminous surfacing with the installation of curbing and approved stormwater drainage. 11. All lots on site must be serviced by the city's sanitary sewer. 12. Street lighting shall be installed by NSP at the developers expense. 13. All interior roadway signs shall be paid for by the developers. 14. Mailbox locations shall be approved by the United States Postal Service. 15. Developer shall improve Falcon Ave. from Fairway Rd. to 124th St. No. 16. A utilities plan be submitted for the city engineers review prior to approval of the final plat. 17. The DNR shall review the treatment of the protected wetlands on site prior to final plat approval. Planning Commission Minutes - February 24, 1988 Page 4 18. Developer shall deposit with the City a certified check in an amount to cover initial costs incurred by the city for engineering review, legal review, and administration of this request. The developer shall pay any costs incurred and the city shall reimburse the developer any remaining funds to cover staff review ($10,000 recommended amount). 19. A copy of all as -built drawings for utility installation must be recorded within 30 days of construction completion with the city clerk. 20. Developer shall reimburse the City for costs incurred for engineering inspection during the course of utility and roadway construction. 21. Restrictive covenants shall address maintenance and activities in the protected wetlands that extend onto the state recognized wetlands area. Restrictive covenants shall also prohibit the construction of fences, buildings, or other vegetation in easements or wetlands. 22. Developer shall install one tree of a minimal size within the subdivision development as per subdivision regulations. 23. Approved driveways or drainage ways must include the installation of a minimum 15" diameter corrugated metal culvert in a manner acceptable to the City. 24. All applicable conditions of the preliminary plat and development agreement must be met prior to approval of the final plat by the City Council. 25. No significant deviations from the approved preliminary plat shall be made unless reviewed by the Planning Commission. 26. Developer shall be responsible for the improvement and completion of the ditch system, at the time of utility installation unless an underground system is installed. 27. Developer shall be responsible for obtaining a traffic count on existing roads to determine whether the proposed and existing road can handle the additional traffic anticipated. All voting aye, motion passed. Rezoning Re UeSt (Keystone BUilders/Arcand) Chairman Sent. -:ler opened the public hearing and requested taht the City administrator review the background of the request before the commission. Mr. Huber stated the Ms. Irene Arcand and Keystone Builders Corp. have made application to the City of Hugo for the rezoning of 160 acres from Agricultural to RR1 Residential. The property in question is described as the easterly 1/2 of the southeast 1/4 of Section 33, T31N, R21W, and the western 1/2 of the southwest 1/4 of Section 34, T31N, R21W, and approximately 2.13 acres owned by Irene Arcand lying north, northwest of County Rd. 10 in the northeast 1/4 of the northwest 1/4 of Section 5, T30, R21. The property abutts 125th St. on the north and County State Aid Highway 10 on the south. Agricultural zones require a minimum 10 acre lot size while the developers are requesting the minimum lot size be 3 acres. The applicant is proposing this rezoning with the intent to subdivide (into approximately 45 building sites) and construct homes in a price range of $200,000 to $400,000. The applicant has entered into a purchase agreement to buy the 160 acres in question if the property is rezoned. The developer has indicated that they intend to develop the land taking into account the wooded areas and lowlands as valuable asthetic features of the site. The property in question abutts Grant Township to the south Planning Commission Minutes - February 24, 1988 Page 5 to the northeast and an Agricultural zone to the east. With the exception of the one acre zones to the north, most of the development in and around Round Lake and Sunset Lake are in the RR2 district, subject to additional shoreland ordinance requirements. It appears that the development in question is somewhat consistent with recent developments in the areas south of County Rd. 8A and east of Trunk Highway 61. Based on previous development and the City's comprehensive plan the staff could not recommend approval of any type of rezoning that would allow for any less than 3 acres in lot size for the area in question. The application before the commission is for a general land use change and if approved the detail of how this property would be subdivided and developed would be handled through the formal platting process. Mr. Steve Sondrall, attorney for Keystone Builders was present and stated the applicants have expressed a desire to maintain the integrity of the land and they intend to comply with all City requirements. The applicants have stated they would have varied lot sizes, from 3 to 5 acres. They stated this development would be an asset to the City in that it would increase the tax base and only high quality homes would be constructed. Applicants stated the area is quite suitable for on site septic systems and they would be responsible for installation of the streets in the development. Residents from the surrounding area were strongly opposed to the rezoning because they felt it would set a precedent for subdividing other large tracts in the area. Most people moved to this area because it was rural in nature. Other concerns expressed were: 1. Could the soils in this area handle on site septic systems? 2. Can the roads handle the increased traffic generated bny this development? 3. Would the taxes of adjacent property owner go up? 4. the areas in question should remain rural in nature. 5. Can the schoold handle the increased enrollment created by this development? 6. This type of development was not consistent with the comprehensive plan. Commissioners opposed to the rezoning felt that there should be some detailed plan for the property and stated that this is not what most of the surrounding neighbors want for the area. They did not feel that profitability should be an issue for approval or denial. Commissioners in favor of the rezoning indicated that this would be a valuable addition to the City's tax base. It is compatible with 5 acre zoning and consistent with other development in the area. Soil conditions are excellent for on site sewer systems. The county road adjacent to the site should be adequate to handle increased traffic. Members felt we must provide areas of less than ten acres in size in the south end of Hugo and 3 to 5 acre lots are still rural in nature. Troy Sonnenfeld felt the rezoning request was compatible with the area and is the type of development Hugo should be encouraging. Planning Commission Minutes - February 24, 1988 page 6 Motion made by Senkler, seconded by Sonnenfeld to recommend approval of the rezoning application for Keystone Builders to rezone 160 acres from agriculture to RR1 for the reasons stated previously. AYE: Senkler, Sonnenfeld NAY: Barnes, Henry The application goes to the City Council on March 7, 1988 without a recommendation. Subdivision Ordinance There was a brief discussion regarding the proposed subdivision ordinance. A hearing is scheduled for the next regular Planning Commission meeting to make final recommendations to the Council. Motion made by Senkler, seconded by Barnes to adjourn at 10:30PM. All aye, motion passed. ' Carole Lal�el/e, Secretary Hugo Planning Commission