HomeMy WebLinkAboutPC 12.19.19Minutes for the Planning Commission Meeting of Thursday, December 49, 2049
Chair Kleissler called the meeting to order at 7:01 p.m.
PRESENT: Derr, Fry, Kleissler, Lessard, Mulvihill, Tjernlund.
ABSENT: Arcand, Luchsinger.
STAFF: Rachel Juba, Community Development Director
Emily Weber, Community Development Assistant
Pledge of Allegiance.
Approval of Minutes for the Planning Commission Meeting of November 21, 2019
Commissioner Tjernlund made a motion, seconded by Commissioner Derr to approve minutes for the
meeting of November 21, 2019.
Ayes: Derr, Fry, Kleissler, Lessard, Mulvihill, Tjernlund ayes.
Abstained: Kleissler.
Motion carried.
Public Hearing: Edmund Tschida — Zoning Amendment request to rezone from the Long Term
Agricultural Zoning District to the Agricultural Zoning District
Staff provided background and an analysis on the zoning amendment request that was requested by Ed
Tschida to rezone his property from the Long Term Agricultural Zoning District to the Agricultural Zoning
District. Staff recommended approval of the request and recommended the Planning Commission open
the public hearing and take all public comment.
Commissioner Fry asked if the parcel was landlocked and staff stated yes, but that there is access through
the parcel to the south through a shared driveway.
Ed Tschida addressed the Planning Commission. Commissioner Fry asked if the zoning amendment
request is for tax purposes and the applicant stated that the purpose of the zoning amendment is to enter
into the Minnesota Land Trust program so that the property would remain protected even after he sells it.
Chair Kleissler opened the public hearing at 7:09. No one came forward. Kleissler closed the public
hearing at 7:09.
Motion to approve the zoning amendment request to rezone from the Long term Agricultural Zoning
District to the Agricultural Zoning District for the property located at 9822 152nd Street North by
Commissioner Derr, seconded by Fry.
All ayes. Motion carried.
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Public Hearing: Jeffrey Penton and Shirley E. Nelson -Hill Trust— A conditional use permit request
to allow a shared driveway
The applicant is requesting approval of a conditional use permit for a shared driveway between two
parcels. Staff stated that the northern property is landlocked and they are requesting access to Keller
Avenue North through a neighboring parcel to the south. Neither property has an established driveway,
however, the owners use Keller Avenue to access both properties. Staff provided an analysis of the
conditional use permit request and listed the conditions of the conditional use permit. Staff recommended
approval of the shared driveway conditional use permit subject to the conditions listed in the draft
conditional use permit and resolution. Staff also recommended the Planning Commission open the public
hearing and take all comments.
The Planning Commission invited Heidi Harvieux, 12935 Jody Avenue North, forward. Juba clarified that
Harvieux is representing the Shirley E. Nelson -Hill Trust that is listed on the application. Harvieux had
no comments.
Madam Chair opened the public hearing at 7:15pm. No one spoke at the hearing, the public hearing was
closed at 7:15pm.
Commissioner Fry asked if the lots are buildable lots. Staff replied that the owners may apply for a
building permit once the conditional use permit is approved.
Commissioner Fry made a motion to approve the shared driveway conditional use permit, subject to the
conditions listed in the draft conditional use permit and resolution, seconded by Lessard.
All ayes. Motion carried.
Public Hearing: Wayne Scanlon — A conditional use permit request to allow a shared driveway and
a variance request from the street frontage requirement for the property located at 17530 Henna
Avenue North
Staff provided background on the requests submitted by Wayne Scanlon to allow a shared driveway
between three parcels and a variance request from the street frontage requirement for the landlocked
parcel. The variance would grant 0 feet for street frontage where 300 feet is required by ordinance. The
applicant is also requesting the termination of a development agreement that considers two of the lots as
one lot and states that they cannot be sold together. In order to terminate this agreement and restrictive
covenant, the applicant has requested the variance and conditional use permit. Juba stated that all three
parcels have single family homes and have been viewed as separate parcels. Juba also provided an analysis
on both requests.
Staff found that the variance will not change the character of the surrounding area as the use of the parcels
will remain the same. It is in staff s opinion that the request meets all the terms necessary to approve the
conditional use permit and an easement and maintenance agreement will need to be approved and recorded
at Washington County. Staff recommended approval of the variance and CUP subject to the conditions
listed in the attached draft resolutions to the Planning Commission. Staff also recommends approval of
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the release of the covenant against parcel A and C, if the variance and CUP are approved with the
conditions listed in the resolutions.
Wayne Scanlon and his attorney, Mark Theroff, addressed the Planning Commission. The Planning
Commission had no questions for the applicant.
Chair Kleissler opened the public hearing at 7:24pm, no one came forward, and Kleissler closed the public
hearing at 7:24 pm.
Commissioner Lessard made a motion to approve the requests submitted by Wayne Scanlon subject to the
conditions listed in the draft resolutions. Derr seconded.
All ayes. Motion carried.
Public Hearing: OP5 Adelaide, LLC — A PUD amendment request to change setback requirements
for Adelaide Landing
Staff provided background on the request from OP5 Adelaide, LLC for a PUD amendment to revise the
building setback requirements for 50-foot wide single family lots on the northern portion of the Adelaide
Landing development. The approved setbacks on 50-foot wide lots are: 25 feet for the minimum front
setback, 25 feet for the minimum front setback for side of the home on corner lots, 7.5 feet for the
minimum side setback, and 30 feet for the minimum rear setback. The new proposed setbacks are: 25 feet
for the minimum front setback, 20 feet for the minimum front setback for side of the home on corner lots,
5 feet for the minimum side setback, and 25 feet for the minimum rear setback. The number of proposed
lots will not change. The original preliminary plat and PUD were approved in 2017 and the applicant has
since final platted majority of the development. Staff showed an illustration of the proposed setback
changes and stated that only three lots would need the 5 foot side yard setback and that is only at the
corners of the lot.
The applicant is proposing the same villa product from earlier phases of the development and staff noted
that the garages will be flush with the front of the home, adding to curb appeal. In exchange for additional
flexibility the applicant has provided a revised landscape plan that includes additional landscaping along
the north and west sides, than what was previously approved with the development. Staff recommends
additional landscaping for a buffer with a combination of deciduous and coniferous trees.
Staff believes that the layout of the proposed Adelaide Landing PUD general plan exceeds the City's
standards for residential developments and that the PUD amendment is consistent with the City's
Comprehensive Plan. Staff recommends approval of the OP5 Adelaide (Excelsior Group) PUD
amendment for the development known as Adelaide Landing, subject to the conditions listed.
Steph Griffin, representing The Excelsior Group, addressed the Planning Commission. Griffin also
introduced John Rask from MI Homes. Chair Kleissler asked if the applicant was agreeable with staff s
recommendations and Griffin stated that they agree with staff recommendations.
Chair Kleissler opened the public hearing at 7:36pm.
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Sandra Fricke, 5617 138th Street North, from Pineview Meadows addressed the Planning Commission.
Fricke had several comments including concerns about how the new setbacks will affect drainage and
sight impairment when driving, how the new setbacks will affect the location of decks and sheds in the
backyard of the homes, and how will the ratio of the lot size to the size of the home compare to other
developments in Hugo. Fricke also commented on the additional traffic that will be driving through
Pineview Meadows and wondered how that will be mitigated. Fricke also questioned why the developer
didn't ask for these setbacks with the original application. The main concerns were obstruction and
visibility.
John Rask with MI Homes, the builder from the development, addressed the Planning Commission. Rask
stated that MI Homes was not a part of the original project and they are looking to use a slightly different
product than the initial builders, hence the different building setbacks. To address the drainage question,
Rask stated that there are drainage easements over each lot and because the villa homes will be a part of
a homeowners association, they will ensure the lots are maintained. The HOA also has restrictions on the
lots so that owners are not allowed sheds or fences. Rask also stated that the proposed setbacks do not
obstruct the sight visibility triangle and will not impose on public safety.
Commissioner Fry asked the size of the home footprint. Rask stated that the products vary from 1,800 to
2,400 square feet and are generally one level with the option to add a loft. Chair Kleissler asked Rask to
comment on the position of the home in regards to the front and rear setbacks. Rask stated that most of
the lots are 125 feet deep so the lots will have a 25 to 30 foot front yard setback depending on the specific
villa product on each lot.
Juba clarified that the applicant has not applied for final plat approval, however, when they do, the City
Engineer will have to approve their drainage plan for the site and ensure it is adequate. Additionally, any
patio or deck addition on to the home will also have to meet the building setbacks. Staff is not concerned
with sight visibility on the corner lots. Juba stated that there will be additional traffic with this
development, however, the development has several access points and several alternates so the amount of
traffic is dispersed. The roads will be public roads that are owned and maintained by the City of Hugo.
Commissioner Fry clarified that the 50-foot wide lots are approved, but not platted.
Sandra Fricke, 5617 1381h Street North, asked if the products are different than what was originally
proposed. Griffin responded that MI Homes was not the original builder partner and the products are
slightly different than what was previously proposed. Fricke is also had additional concerns on drainage.
Juba stated that the grading and drainage plan will be reviewed to ensure that the stormwater management
on their property is designed to handle the drainage on site.
Chair Kleissler closed the public hearing at 7:56pm.
The Planning Commission further discussed the application. Commissioner Derr commented that the
minor change to the building setbacks will better meet the market needs and the density will not be
affected. Commissioner Lessard stated that he liked the design and believes the villa products will fit the
character of the area.
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Motion made by Commissioner Fry to approve the OP5 Adelaide PUD amendment for the development
to be known as Adelaide Landing, subject to the conditions listed in the resolution, seconded by
Commissioner Derr.
All ayes. Motion carried.
Public Hearing: Fenway Land Company — A preliminary plat and PUD for a development to be
known as "Rice Lake Reserve"
Juba provided background on the preliminary plat and PUD applications for a residential development to
be known as Rice Lake Reserve. The property totals 51.5 acres and is comprised of four parcels east of
Goodview Avenue North and north of Egg Lake Road North. The property includes wetlands and
floodplain for a total buildable acreage of 29.5 acres.
The proposed zoning for the development is PUD, which will allow zoning ordinance flexibility to create
a master planned development. In exchange for this enhanced flexibility, the City has the expectation that
the development plan will result in a significantly higher quality proposal than what would have been the
case with standard zoning. Juba provided details on architecture, setback requirements, density, grading
and drainage, streets and access, landscaping, parks and trails, and utilities.
At the November 20, 2019 Parks Commission meeting, the applicant requested to get park dedication
credit for the .5 acre gathering space area and to satisfy the remainder of the park dedication requirement
with fees. The Parks Commission liked the trail through the development, however, they recommended
not accepting land for the park dedication and accepting the full park land dedication fee of $2,400 per
unit.
Staff recommended that a neighborhood gathering space with amenities be included in the central area of
the development and recommends the applicant revise the preliminary plat and PUD general plan to
include a neighborhood gathering space in the general location of Lots 1-3, Block 3. Staff listed additional
recommendations to the proposed plans.
Staff believes that the layout of the proposed Rice Lake Reserve PUD general plan exceeds the City's
standards for residential developments, if the staff recommendations are implemented. It is in staff s
opinion that the applicant meets all the requirements necessary to approve the PUD and preliminary plat,
subject to the conditions in the resolutions and recommended approval of the PUD and preliminary plat
for Fenway Land Company for the development to be known as "Rice Lake Reserve", subject to the
conditions listed in the resolutions.
Chair Kleissler asked the commissioners if they had questions for staff. Commissioner Tjernlund asked
staff to clarify if changes could be made to the plans in response to Washington County's comments. Juba
stated that the County has to approve the access point into the development prior to any construction of
phase I, and if that requires a significant change to the layout, the plans would go back to the Planning
Commission.
Mark Guenther with Fenway Land Company addressed the Planning Commission and addressed staffs
recommendations. Guenther stated that should the trail be located on Street A, the trail will have to be in
December 19, 2019 PC Minutes
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front of the homes. They are asking for flexibility on the impervious surface requirements to allow
different product types to be available to buyers. The applicant also stated that they are working with
Washington County on approval of access to the site. Lastly, Guenther stated that common gathering
spaces are not well received and does not see a need for one. Guenther asked to provide recommendations
on the gathering space and trail location.
Commissioner Fry asked the applicant about the ratio of the products that will be available. Guenther
stated that the development will likely be 25% villa products and 75% two story products.
Chair Kleissler opened the public hearing at 8:31pm.
No one came forward to speak.
Chair Kleissler closed the public hearing at 8:31pm.
Commissioner Fry asked staff what the lot sizes are in Diamond Point. Juba stated that the lot sizes vary
and the development is part of a PUD and asked for lot size flexibility.
Chair Kleissler commented that the gathering space should be centrally located within the development.
The Commissioners continued to discuss the location and placement of the gathering space, the trail
location, as well as the development as a whole. The Planning Commission generally agreed that the
gathering space remain minimal and central, near the lift station, with the removal of a lot 1 near the lift
station on the proposed plans.
Commissioner Derr made a motion to approve the PUD and preliminary plat for Fenway Land Company
for the development to be known as "Rice Lake Reserve," subject to the conditions listed in the
resolutions, with the exception that only Lot 1, Block 3, be eliminated from the proposed plans to
accommodate a neighborhood gathering space. Seconded by Mulvihill.
Ayes: Derr, Kleissler, Lessard, Mulvihill, Tjernlund.
Opposed: Fry.
Motion carried.
New Business
The Planning Commission set their annual goal setting workshop on January 9, 2020 at 5:30pm.
Adjournment
Commissioner Fry made a motion, Lessard seconded, to adjourn at 8:58 pm. All Ayes. Motion carried.
Respectfully Submitted,
Emily Weber, Community Development Assistant