HomeMy WebLinkAboutPC 07.08.21Minutes for the Planning Commission Meeting of Thursday, July 8, 2021
Chair Kleissler called the meeting to order at 7:02 pm.
PRESENT: Derr, Fry, Kleissler, Luchsinger, Petty.
ABSENT: Arcand, Lessard, Mulvihill.
STAFF: Rachel Juba, Community Development Director
Emily Weber, Community Development Assistant
Pledge of Allegiance.
Approval of Minutes for the Planning Commission Meeting of May 13, 2021
Commissioner Fry made a motion, seconded by Commissioner Derr to approve minutes for the
meeting of May 13, 2021 with corrections as mentioned.
Ayes: Derr, Fry, Kleissler, Luchsinger, Petty.
Nay: None. Motion carried.
Public Hearing: Drengson May Enterprises, LLC — Request for Property Line Adjustment, Variance,
Minor Subdivision, and Preliminary Plat for a residential development to be known as "Acres of Bald
Eagle" consisting of 9 single family homes on approximately 13 acres (3 existing lots) of property
located north of 1215t Street North and West of Falcon Avenue North.
Staff provided a background on the property line adjustment, variance, minor subdivision, and
preliminary plat requests submitted by Drengson May Enterprises, LLC. The applicant previously went
through the sketch plan application process and an April 8t" neighborhood meeting. Staff explained
that the neighborhood meeting was to discuss the utility public improvement project.
The preliminary plat includes nine single-family, residential lots of one -acre or more. The applicant is
requesting a variance from the lot width minimum as two of the lots do not meet the lot width
minimum for the R-1 zoning district requirement. The proposed plan for lot 8 and 9 shows 38 and 30
feet respectively, where 150 feet is required. Staff reviewed the criteria necessary to approve a
variance request and found that there are practical difficulties in meeting the ordinance requirements.
Staff also provided a background on the proposed streets, access, landscaping, and grading. The
applicant is required to pave 1215t Street North and bring City sewer and water to the site. Because the
developer is required to install utilities with the development, the neighboring properties have the
opportunity to connect their properties to City sewer and water. The City completed the feasibility
study that is required for the public improvement project. There was general consensus from the
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neighboring property owners that they would like to participate in the public improvement project,
which is contingent upon the development receiving final approval and City Council approval.
Staff found that the applications meet all requirements necessary for approval and recommended that
the Planning Commission approve the requests. Staff also recommended that the Planning Commission
open the public hearing and take all public comment.
Laura Drengson came forward on behalf of the development team and addressed the Planning
Commission. Dan May was also present on behalf of Dengson May Enterprises, LLC.
Chair Kleissler opened the public hearing at 7:31pm.
Barbara Proulx, 5043 124th Street Court North —The resident stated that there are 14 contingencies
within the resolutions proposed for approval and she feels that the proposal is not ready for approval.
Richard Degnan, 12160 Falcon Avenue North —The resident does not object to the development but
feels like the development is not ready for approval. The resident had provided drawings to staff and
the developer prior to the public hearing, which had also been provided to the Planning Commission.
The resident does not agree with the drainage plan and would like to see the stormwater ponds
relocated on the site.
Mike Proulx, 5043 124th Street Court North —The resident stated that they had concerns on the level of
privacy surrounding the development and the drainage plan. The resident stated that he doubts the
City will maintain the stormwater ponds and that maintenance is costly. They also showed a copy of
the 1994 drainage report that was created with Lake Air Estates.
Tom Sorenson, 5049 124th Street Court North —The resident stated that he is in favor of the large lot
zoning requirements. They stated that the existing property is in a natural state and the tree removal
plan is devastating to the surrounding area. He has concerns with the perimeter moat being at the
same elevation as the infiltration basin and wetlands. They stated that the grading cannot disturb the
existing trees on adjacent property. The resident does not think that the plans are ready for approval
Teresa Sorenson, 5049 124th Street Court North —The resident is concerned about the trees on her
property and stated that they have to stay as part of her buffer to the proposed development. She
feels like the plans are incomplete and would like to see concrete plans.
Jolene Servatius, 12270 Europa Ave N — The resident stated that there has been drainage problems on
their property since they moved in 30 years ago. The drainage system has been inadequate since it was
designed. The resident also stated that she has read studies that state that ground water rises when
trees are cleared. They would like assurance that the drainage plan with the proposed development
will not impact the drainage of the Lake Air Estates in any way.
Judy Schoeller, 4995 121St Street North —The resident stated that they are not upset about the
development but that the drainage needs to be addressed.
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Pat Higgins, 12145 Everton Avenue —The resident would like clarification on if there is going to be
drainage from the proposed lots to adjacent lots.
Tom Sames, 12116 Falcon Avenue North —The resident stated that there are drainage issues within the
surrounding area. They stated that with the construction of the cul-de-sac, 1.2 million gallons of water
will be dumped into the stormwater basin each year, which will cause additional drainage issues. They
are also worried about the developer disturbing existing trees.
Gordon Schoeller, the owner of vacant property on 120t" Street North and Falcon Avenue North —The
resident stated that they have concerns about the drainage in the surrounding area. They stated that
the City has done a poor job at addressing drainage for decades and would like to see it be addressed.
Ben Halverson, on behalf of Hugo Tree — Halverson stated that they are working with the developer
and that the intent is to preserve the natural landscape with an emphasis on saving old growth where
they can.
Denise Sames, 12116 Falcon Avenue North —The resident stated that they have had water in their
basement twice in the last 40 years and that there is a high water table. They also stated that there are
a lot of trees being taken down for no good reason and that the applicant has to work to figure out the
grading plan. They also stated that the developer should not create a wetland on the east side of the
site. Sames also stated concerns about the wildlife.
Judy Schoeller, 4995 12151 Street North —The resident came forward again to state her concerns about
property values within the surrounding area.
Richard Degnan, 12160 Falcon Avenue North —The resident came forward again to state that the
grading plan shows four feet of fill, which will kill the root system of all the trees in the area.
Laura Drengson addressed the Planning Commission and reiterated that the development team is
trying to preserve the natural character of the area. Dan May also addressed the Planning Commission
and stated that the concerns about drainage and trees are understood. He stated that they have been
working hard to make this a good project.
Staff addressed the concerns. The proposed development does have a drainage plan with stormwater
reports, just like any other development that has received approval. The stormwater pond and
drainage plan is designed by the developer's engineer and further analyzed with the City's engineer to
ensure that the proper facilities are being constructed and meet all of the Rice Creek Watershed
District rules. The City is responsible for the maintenance of the stormwater ponds. Drainage and utility
easements will be placed over the ponds to ensure access. Individual property owners are responsible
for minor maintenance such as clearing up trash in the ponds.
In regard to the comments about the grading plan, the City ordinance allows property owners to grade
up to their property line. The applicant has stated that they would like to maintain a buffer zone as a
courtesy to adjacent property owners. Staff also stated that the developer is not allowed to drain any
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more water offsite than what is currently is happening and their drainage plan reflects those
calculation. The developer is accommodating drainage for the paving of 1215t Street North as well as
the impervious surface created on site.
Staff stated that the conditions listed in the resolutions are minor changes and do not significantly
change the proposed plans. Staff also stated that a significant amount of trees will be removed from
the property.
Chair Kleissler asked about the timeline of the application and the discretion that the Planning
Commission has in approving applications. Staff responded that the review deadline ends on July 22,
2021 and stated that if the applications meet the ordinances in the City Code, the applications must be
approved.
Commissioner Luchsinger asked staff if the applicant's plans meet the level of completeness that is
required for submittal. Staff stated that the plans are complete.
Commissioner Petty asked about erosion control plan of the stormwater pond. Adam Ginkel, the
developer's engineer, stated that the pond will not be clay lined and it includes specific plantings that
are intended for erosion control. There will not be sediments washing into the basins.
Richard Degnan, 12160 Falcon Avenue North —The resident addressed the Planning Commission again
and stated that all of the discharge pipes in the stormwater basins within Hugo are eroded.
Teresa Sorenson, 5049 124t" Street Court North —Asked for clarification on one of the conditions listed
in the report. The condition stated that a buffer zone be created with the development. Staff stated it
is listed as a condition of approval that staff will continue to work with the applicant on creating a
buffer zone between the development and adjacent properties. The zone will not significantly change
the proposed plans. Adam Ginkel stated that they are trying to save as many trees as possible along
the northern property line of the site. Staff also stated that individual property owners have the right
to remove trees on their property.
Denise Sames, 12116 Falcon Avenue North — Asked for clarity on the grading along the property lines
and how that affects the stormwater ponds. Staff stated that the stormwater management facilities
will generally stay in the same location.
Chair Kleissler closed the public hearing at 8:42pm.
Commissioner Petty guided the discussion in reviewing the concerns stated by the residents and staff's
response. Commissioner Luchsinger stated private property owners are allowed to do what they want
with the trees on their property, so the developer stating that they are trying to preserve as many
trees as they can, it is an added bonus to the development. Luchsinger also stated that the Planning
Commission has to rely on the expertise of the engineers who reviewed the plans. Commissioner Derr
asked if there is going to be stormwater reuse for the development and staff responded that the
proposed stormwater ponds are not adequate for stormwater reuse.
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In general, the Planning Commissioners agreed that the developers made efforts to keep the integrity
of the area and that all developments in Hugo have to submit a drainage and stormwater management
plan, which they rely on the expertise of the engineers for.
Commissioner Luchsinger made a motion to approve the Property Line Adjustment, Variance, Minor
Subdivision, and Preliminary Plat request for a residential development to be known as "Acres of Bald
Eagle," subject to the conditions listed in the resolutions. Seconded by Commissioner Fry.
Ayes: Derr, Fry, Kleissler, Luchsinger, Petty
Nay: None. Motion carried.
Public Hearing: Centra North, LLC — Interim use permit to allow one, temporary off -site directional
sign for the development Meadows at Hugo.
Staff provided a background on the request submitted by Centra North, LLC. The applicant is
requesting approval of an interim use permit to allow one, temporary off -site directional sign for the
Meadows at Hugo residential development. The sign is proposed to be located at 5850 1591h Street
North. The property is owned by Connie and Jeffrey Jungmann and is generally located on the
northwest corner of 1591h Street North and Highway 61.
Staff found that the application meets all requirements necessary to approve an interim use permit
and recommended approval of the request.
Chair Kleissler opened the public hearing at 9:02pm.
Chair Kleissler closed the public hearing at 9:02pm.
Commissioner Petty made a motion to approve the interim use permit to allow one, temporary off -site
directional sign for the development Meadows at Hugo, seconded by Commissioner Derr.
Ayes: Derr, Fry, Kleissler, Luchsinger, Petty
Nay: None. Motion carried.
Adjournment
Commissioner Derr made a motion, Commissioner Fry seconded, to adjourn at 9:05pm.
Ayes: All. Nay: None. Motion carried.
Respectfully Submitted,
Emily Weber, Community Development Assistant