HomeMy WebLinkAboutPC 05.23.19Minutes for the Planning Commission Meeting of Thursday, May 23, 2019
Chair Kleissler called the meeting to order at 7:01 p.m.
PRESENT: Arcand, Derr, Fry, Kleissler, Lessard, Mulvihill, Tjernlund.
ABSENT: Luchsinger.
STAFF: Rachel Juba, Community Development Director
Emily Weber, Community Development Assistant
Chair Kleissler read aloud the poem, Little Green Tents by Walt Mason, followed by a moment of silence
in recognition of Memorial Day.
Pledge of Allegiance.
Approval of Minutes for the Planning Commission Meeting of May 9, 2019
Commissioner Arcand made a motion, seconded by Commissioner Derr, to approve minutes for the
meeting of March 28, 2019.
Lessard Abstained. Six ayes.
Motion carried.
Public Hearing: Steve Bona — Conditional Use Permit application for a recreational lake access lot
for a single user.
Staff provided background on the property located at 12862 Ethan Avenue North for a lake access lot that
would include a parking lot and dock. The property is located on the northeast side of Bald Eagle Lake
and is guided as low density residential in the 2030 land use plan. The properties to the north, east, and
south are zoned single family detached residential (R-3) and the surrounding properties are occupied by
single family homes or are vacant at this time. Juba stated that lake access lots are allowed as a conditional
use in the Shoreland Overlay District per the City Code. The lake access lot is proposed to be used by a
single user and will not be rented or have boat slips for third party use. There will not be any vehicle or
boat storage allowed on the property and the parking area shall be asphalt.
Juba continued with background on the property and stated that the property was platted as a lot within
the Woods of Bald Eagle development and at that time, this property was deemed unbuildable. There are
significant wetlands on the property and in order to make the property buildable for a home site, some
wetlands would need to be filled. The applicant is not proposing to fill any wetlands with the lake access
lot.
Juba stated that the applicant is requesting to use the property in a reasonable manner and meets the spirit
and intent of the ordinance. It is in staff's opinion that the lake access lot use is compatible with the City's
Comprehensive Plan and character of the area. Juba provided details on the ten conditions of approval that
are listed in the resolution.
May 23, 2019 PC Minutes
Page 2
The application meets the requirements for approval of a conditional use permit and staff recommended
approval of the conditional use permit subject to the conditions listed in the resolution and draft conditional
use permit. The applicant, Steve Bona, was there to address the Planning Commission and answer any
questions.
Chair Kleissler asked if the applicant had an updated rendering of the parking lot. Bona said that they have
not revised the plan yet, but plan on the space being for two cars. The engineer drawing was provided to
show that no wetlands are being impacted.
Chair Kleissler opened the public hearing at 7:1 1pm.
Chair Kleissler closed the public hearing at 7:12pm.
Commissioner Derr stated that it will be good use of the property.
Chair Kleissler asked the applicant if there will be any signage on the property and worried that the lot
will start to look like a public lot. Bona stated that signage is possible and that they would be willing to
put up a private property sign. Kleissler also asked the applicant if they intended to have a fire pit on the
property. Bona answered by saying the lot is intended for recreational use and the owners would like to
have the option to have a fire pit and picnic table on the lot. Kleissler asked staff if that would be allowed.
Juba clarified that the application shows a parking lot and dock but does not show a fire place or picnic
table. Kleissler clarified that she wanted a full understanding of the intended use on the property. Juba
responded that a fire pit and picnic table would be an acceptable use, but adding a tent or trailer for
camping would not be a permitted use. Juba also stated that the Planning Commission can add a condition
to the resolution.
The Planning Commission discussed the intended use of the property and came to the understanding that
a fire pit and picnic table is an acceptable use of the property as long as there are no structures.
Commissioner Arcand made a motion to add to the Steve Bona Conditional Use Permit for a recreational
lake access lot for a single user under the conditions that a fire pit and picnic table is an acceptable use of
the property. Lessard seconded.
All ayes. Motion carried.
Commissioner Fry made a motion to approve the Steve Bona Conditional Use Permit for a recreational
lake access lot for a single user, subject to the conditions listed in the resolution and draft conditional use
permit, in addition to the added condition. Seconded by Tjernlund.
All ayes. Motion carried.
May 23, 2019 PC Minutes
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Public Hearin: Apple Academy — Site Plan and Conditional Use Permit applications for a daycare
facility.
The applicant is requesting approval of a site plan and CUP to allow construction of a 9,948 square foot
daycare facility located along Highway 61 and south of 140th Street North. Two parcels will be combined
at Washington County to create one parcel for the daycare. The applicant is also seeking approval of an
easement vacation, which will be reviewed at a City Council meeting.
Staff provided background on the property, which is zoned General Business (C-2) and complies with all
C-2 lot standard. Juba stated that the development will be accessed through the TGK Automotive site.
Staff is still working with the applicant on the final design of the building architecture.
The site plan must be revised to comply with a 6 -foot height minimum for exterior play areas. Staff also
recommends all freestanding lighting comply with 20 -foot maximum height regulations. The applicant is
proposing one freestanding monument sign and one wall sign and will need to apply for a sign permit.
The parking lot shows 40 parking spaces, which is the required amount. There is also proof of parking
provided for 15 additional spaces. The landscape plan shows landscaping within the parking lot, around
the building foundation, and around the play area in the back. The landscaping plan complies with
landscape standards. The applicant is proposing to create a stormwater management pond and infiltration
basin for stormwater management. The pond will drain north to the drainage of TGK Automotive site.
Drainage easements must be dedicated over the entire stormwater pond, connecting to the existing
stormwater easement on the TGK Automotive site.
The applicant is proposing to reroute an existing sanitary sewer main. A vacation of easement will be
required. A development contract and financial guarantee will be required for the removal and relocation
of the sanitary sewer. The applicant will also be required to have cross access agreements with the subject
site landowner and the landowner of the TGK Automotive site. Juba noted that City staff has asked the
developer to clarify the process to obtain the right for Parcel C, the property to the south of the subject
property, to cross the strip of property with the private road easement in-between the two.
Daycare facilities are allowed as a conditional use withing the C-2 General Business District, provided
the use is found to comply with the 12 findings in the code. Staff finds that the applications meet all
requirements necessary to approve a site plan and CUP and recommends approval of the site plan and
CUP for Apple Academy, subject to the findings and conditions listed in the resolution.
Commissioner Arcand asked staff who owns the strip of property between the parcels. Juba responded
that the piece of land between the parcels does not have an owner and that it is a gap between legal
descriptions. Juba stated that Premier Bank has found who the underlying owner is and how to get the
right to cross the property. Arcand also asked why there is no access to Highway 61 from the subject site.
Juba stated that the City works with MnDOT to limit the number of accesses to Highway 61 and acquiring
the proper amount of right of way for when Highway 61 expands to four lanes.
The Planning Commission continued to discuss access points on Highway 61 and potential traffic
problems that may arise from additional traffic flow to and from the daycare facility.
May 23, 2019 PC Minutes
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Chair Kleissler invited the applicant and representatives to come forward. Renee Hallie, Apple Academy
owner and Diane Leverentz from Classic Construction came forward to address the Planning Commission.
Commissioner Fry asked if TGK Automotive was involved in the discussion and if they are okay with
allowing access. Leverentz stated that yes they are and all the parcels along that stretch are working
together. Kleissler asked why the color rendering and samples don't match. Leverentz stated that they
haven't committed to all subcontractors and colors may vary slightly.
Chair Kleissler opened the public hearing at 7:46pm
Chair Kleissler closed the public hearing at 7:46pm.
Commissioner Derr stated that it will fit in and that it is exciting to see that area develop. Commissioner
Lessard also stated that it is a good fit for the area. There are some concerns with the added parking on
the west side along the highway, but with future changes it may not be an issue. Leverentz stated that the
only additional parking added would be for staff.
Commissioner Arcand likes the project but is concerned about the extra traffic along Highway 61. Juba
stated that the parcel is zoned commercial so any development on that parcel will create additional traffic.
MnDOT provides feedback on all development along Highway 61. Commissioner Tjernlund stated
additional traffic regardless of what is developed.
The Planning Commission continued to discuss potential traffic problems and whether turn lanes can be
added.
Hallie came forward and stated that her other daycare facilities don't see problems with their traffic flow.
Generally, the parents that are dropping off their kids in the morning are also commuting along the same
route so the flow is continuous.
Commissioner Tjernlund made a motion to approve the Apple Academy Site Plan and Conditional Use
Permit applications for a daycare facility. Lessard seconded.
All ayes. Motion carried.
Adiournment
The next Planning Commission meeting will be June 27, 2019. There will be a Board of Zoning meeting
June 13, 2019.
Commissioner Arcand made a motion, Commissioner Fry seconded, to adjourn at 7:54 pm.
All Ayes. Motion carried.
Respectfully Submitted,
Emily Weber, Community Development Assistant