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HomeMy WebLinkAbout2014-07-09 CPC MIN PLANNING COMMISSION MEETING MINUTES July 9, 2014 REGULAR MEETING 7:00 P.M. Chairman Kocon called the meeting to order at 7:02 p.m. Present: Chairman Kocon, Commissioners Collins, Fletcher, Hade, Kelly, Lauer, Middleton, Siess, Council Representative Weidner Absent: Commissioner Hansen Staff: City Planner Wittman APPROVAL OF MINUTES Motion by Commissioner Lauer, seconded by Commissioner Siess, to approve the June 11, 2014 meeting minutes. All in favor, 8-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. V/2014-22 A 30’ Variance request to the slope setback regulations to replace and enlarge the existing cooler, freezer, and dry storage area at 806 Main Street South (Oasis Café Inc.) CA - General Commercial. Craig Beemer, owner. City Planner Wittman explained that the property owner is seeking approval of a 30’ variance from the requirement to maintain a 30’ setback from steep slopes. The variance would allow the enlargement of a pre-existing, non-conforming commercial building. The addition includes removal of a rear portion of the structure and installation of a storage area for dry, cold and frozen food items. The non-conformance is that the structure sits wholly within the 30’ slope setback area. The addition will not alter the bluff. Staff recommends approval of the variance with the following conditions: 1) plans shall be substantially similar to the plans on file in the Community Development Department, as submitted; 2) the plans shall be reviewed by the Building, Fire and Engineering Departments prior to the installation; 3) the bluff in this location shall not be altered to accommodate for the improvement; 4) major exterior modifications to the variance permit request shall be reviewed by the Planning Commission per Section 31-204, Subd. 7. Craig Beemer, owner, offered to answer any questions. Planning Commission July 9, 2014 Chairman Kocon opened the public hearing. There were no public comments. Chairman Kocon closed the public hearing. Motion by Commissioner Lauer, seconded by Commissioner Collins, to approve the variance with conditions recommended by staff. All in favor, 8-0. Case No. V/2014-23 A 15’ Variance request for a front yard setback area to build an addition on west side of townhome at 2895 Long Lake Drive. RCM – Medium Density Residential. Carol Nelson, applicant. City Planner Wittman summarized the request. The property owner is seeking approval of a 19’ variance to the 35’ minimum front yard setback to allow for the addition of a 200 square foot room onto the side of the home. Staff recommends approval of the variance with the following conditions: 1) plans shall be substantially similar to the plans on file in the Community Development Department, dated 6/19/2014; 2) major exterior modifications to the variance permit request shall be reviewed by the Planning Commission per Section 31-204, Subd. 7. Carol Nelson, applicant, explained the request. She has approval from the home owners’ association. Chairman Kocon opened the public hearing. There were no public comments. Chairman Kocon closed the public hearing. Motion by Commissioner Collins, seconded by Commissioner Siess, to approve the variance with conditions recommended by staff. All in favor, 8-0. Case No. ZAM/2014-24 A Zoning Map Amendment to change the zoning from PA – Public Administration to CBD - Central Business District at 216 Myrtle Street. Trinity Lutheran Church, owner/applicant. City Planner Wittman explained that Trinity Lutheran Church is requesting rezoning from Public Administration (PA) to Central Business District (CBD) of the property located at 216 Myrtle Street West. Part of this building is leased to the United States Postal Service. Finding office and institutional tenants to fill the remainder of the space has been fruitless. Therefore, the landowner is requesting that the property be rezoned. Staff recommends rezoning the property to CBD, as it is a confirmation of the ongoing use of the property. Bob Eiselt, parish administrator for Trinity Lutheran Church, summarized the history of the property, which Trinity acquired in 1976. 5,000 square feet in the building remains unused; prospective tenants are retail in nature, which would necessitate rezoning. Chairman Kocon opened the public hearing. There were no public comments. Chairman Kocon closed the public hearing. Commissioner Hade expressed support for the proposal. Commissioner Lauer noted that the existing post office is a complementary use. Commissioner Flecther said she likes the ample parking and pointed out that traditional neighborhoods have small retail areas, which builds a sense of community. Page 2 of 6 Planning Commission July 9, 2014 Motion by Commissioner Hade, seconded by Commissioner Lauer, to recommend approval of the zoning map amendment with conditions recommended by staff. Motion passed 7-1 with Commissioner Siess voting nay. Case No. SUP/2014-25 A Special Use Permit/Preliminary Plat/Final Plat to build an Assisted Living and Memory Care Facility at 12525 75th Street North. LR – Lakeshore Residential. Stillwater Select Properties/John Arkell, owner and Todd Erickson, applicant. City Planner Wittman reviewed the request, which was approved in 2008 but expired. John Arkell of Stillwater Select Properties is planning to develop a 100 unit senior living facility on County Road 12 east of Rutherford Elementary School. Two types of residential care will be offered to its residents: 30 apartments for memory loss and 70 for assisted living. No independent living apartments will be offered. A number of public and private infrastructure improvements will be constructed by Mr. Arkell: 1) a public street that will align with Minar Avenue north of CSAH 12 and temporarily terminate near the southern property line; 2) extension of sanitary sewer and municipal water; 3) stormwater improvements; 4) a public trail along the new public street; and 5) a private trail connecting to the public trail system at two points to create a walking loop for Select Senior Living residents. Staff recommends approval with the following conditions: 1.The site shall be developed in substantial conformance with plans on file with the Community Development Department, except as may be modified by the conditions herein. 2.The final civil engineering plans shall be found satisfactory to the City Engineer, or revised to his satisfaction prior to issuance of a building permit or grading permit for the project. 3.A permanent utility easement shall be acquired by the developer for the sanitary sewer main that will run along the elementary school property. It shall be in a form and with content found satisfactory to the City Attorney and the Public Works Director. Said easement shall be fully executed and submitted to the City prior to release of a building permit or grading permit for the project. The easement shall be located in such a way as to minimize the removal of existing mature trees. 4.Prior to issuance of a building permit or grading permit for the project, a park and trail dedication fee in an amount found satisfactory to the City Council shall be submitted to the City. 5.The stormwater ponds need to be encumbered by a drainage easement in favor of the City. But the ponds must be maintained by the property owner. 6.The trail shown along the west side of the new public road must be changed to a sidewalk. This is to be shown in final plans prior to issuance of a building permit or grading permit for the project. 7.Both sides of the new public road must be signed by the developer for no parking. 8.A permit for work within the County right-of-way a well as an access permit must be obtained from Washington County by the developer prior to beginning any work within the County right- of-way. 9.All electrical and communications utility lines shall be buried. 10.Trout Stream Mitigation fees, Transportation Mitigation fees, and sewer and water trunk fees will be due and payable to the City prior to release of a building permit or grading permit for the project. 11.Prior to issuance of a building permit or grading permit for the project, an escrow in an amount found sufficient by City Engineer shall be deposited with the City for the purpose of extending the road and utilities to the southern property line of the project when development to the south requires them to be extended. Page 3 of 6 Planning Commission July 9, 2014 12.Prior to issuance of a building permit or grading permit for the project, the developer shall deposit a County Road 12 lane improvement escrow with the City in an amount found satisfactory to the Public Works Director. The escrow shall be sufficient to cover the senior care living facility’s fair share of the cost of constructing a future bypass or turn lane for the Minar Avenue intersection with County Road 12. The remainder of the County Road 12 improvements will be credited to the Transportation Impact Fee that is due for this project. 13.A development agreement in a form and with content found satisfactory to the City Attorney and the Public Works Director shall be submitted for approval by the City Council. Said development agreement must be found satisfactory to and approved by the City Council prior to issuance of a building permit or grading permit for the property. In addition, the Special Use Permit for the project will not become effective until the approved development agreement is fully executed. 14.No independent living apartments may be offered to residents of this project. 15.The wall mounted light at the rear entrance casts some light across the southern property line. This should be revised in the lighting plan to be held at 0.0 lumens at that property line. The revised plan must be submitted to the City prior to issuance of a building permit or grading permit for the project. 16.The developer must verify that the total amount of impervious coverage on the site does not exceed 25%, or reduce it to that amount. 17.If any HVAC equipment is to be located outside, a screening plan must be approved by the Community Development Director prior to issuance of a building permit. In addition, sound generation must be verified to meet the City’s noise standards prior to issuance of a building permit and it must be tested after installation to demonstrate that it continues to meet the noise standards. Commissioner Hade asked why a rain garden is not being proposed for the site. City Planner Wittman replied that the proposal is what was submitted by the developer. Commissioner Collins noted that the trail system is important to retain, and asked if a condition could be added about stormwater management and mitigation? City Planner Wittman responded that the project meets the requirements for percentage of impervious surface coverage. Todd Erickson, representing the developer, answered questions about ponding. The development meets the Brown’s Creek requirements for volume and rate control through a series of ponds proposed for sediment removal. The majority of the property is an open farm field; most construction has been kept away from the edges of the property to maintain the surrounding trees. Additional trees will be planted on the site. Chairman Kocon opened the public hearing. Don McKenzie, 12620 72nd Street North, whose property adjoins the site, expressed concerns about building massing and visibility of the structure from his property, and disruption of the evergreens on his property. He also is concerned about noise from HVAC units, lighting, and the reduction of property values. Regarding road utility extensions to the south, he feels it’s important that adequate funding be held to cover future cost increases for those extensions and to provide written assurance that all necessary easement conditions will apply to the future extensions. Dionne Meisterling, 12550 72nd Street North, whose property is on the south side of the site, shared Mr. McKenzie’s concerns about the height and visibility of the building. She would like assurance Page 4 of 6 Planning Commission July 9, 2014 that the trees on the property line and especially the oak trees are maintained and not damaged. She is concerned about the sewer line extension causing damage to the 200 year old oak trees. She also would like lighting to be as natural as possible so it is not intrusive to residents. Shad Vork, 2353 Croixwood Boulevard, representing Grace Baptist Church, 12721 75th Street North, asked that when the road is built, the church be notified and access to its parking lot maintained. Chairman Kocon closed the public hearing. Mr. Erickson stated a berm will be built on the south where there is a gap in the trees, with 8-12 foot trees which will block the view of the building from the homes. The sewer line on the south property line will be installed at a location where it will not interfere with the drip line of any of the trees. Staff had recommended tying into a certain manhole which would have damaged some substantial oaks, but if it can tie in further to the west to avoid those trees, it would be preferable. This would require an easement from the school which he believes would be granted. He will explore this option. Regarding noise concerns, HVAC units will be screened and baffled to direct the sound. Since the trail will be gone, the amount of illumination on the back can be reduced so there will be no light pollution. The road will be deeded back to the City as right-of-way with the final plat. He made note of the request to maintain access to Grace Baptist Church. Chairman Kocon stated that the berm with trees meets his concerns about visibility. Commissioner Kelly commended staff on establishing conditions of approval which seem to address neighbors’ concerns. Motion by Commissioner Kelly, seconded by Commissioner Hade, to recommend approval of the special use permit with conditions recommended by staff, plus additional conditions: #18 requiring removal of the loop trail; #19 adding a berm at the gap in the screening; and amending condition #3 to require the developer to pursue northwestern routing of the sanitary sewer extension to avoid removal of existing mature trees, and amending condition #5 to add “as required by the Brown’s Creek Watershed District.” All in favor, 8-0. OTHER BUSINESS Trails Master Plan Draft Vision/Guiding Principles Melissa Douglas, consultant, led discussion on the draft of the Trails Master Plan. Commissioners expressed a desire to study more specifically what would be desirable elements in certain areas of the City, for instance placement of sidewalks or paths on one or both sides of collector streets. Ms. Douglas agreed to identify more specific recommendations for various corridors of the City, for the Commission to consider more closely. For the next meeting, she will develop a revised map with more detail. A subsequent meeting will include site visits. This site visit meeting will take place at 5:30 p.m. prior to the regularly scheduled August Planning Commission meeting. ADJOURNMENT Page 5 of 6 Planning Commission July 9, 2014 Motion by Commissioner Lauer, seconded by Chairman Hade, to adjourn the meeting at 9:58 p.m. All in favor, 8-0. Respectfully Submitted, Julie Kink Recording Secretary Page 6 of 6