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HomeMy WebLinkAbout2015-02-11 CPC MIN PLANNING COMMISSION MEETING MINUTES February 11, 2015 REGULAR MEETING 7:00 P.M. Chairman Kocon called the meeting to order at 7:00 p.m. Present: Chairman Kocon, Commissioners Collins, Fletcher, Hansen, Lauer, Siess, Council Representative Junker Absent: Commissioners Hade, Kelly, and Middleton Staff: City Planner Wittman APPROVAL OF MINUTES Motion by Commissioner Collins, seconded by Commissioner Fletcher, to approve the January 14, 2015 meeting minutes. All in favor, 6-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. SUP/2014-39. Request to approve an 8 lot residential preliminary plat and rezoning to RA, One-Family Residential and associated variances, for property located at 13310 Boutwell Road North. Thad Rich, owner. City Planner Wittman explained that the applicant plans to develop 7.82 acres of land located at 13310 Boutwell Road, which is currently a single parcel containing one residence. A total of eight lots, to be known as Richlind, are proposed; one new lot would contain the existing residence. All lots would access Boutwell Road via a single cul-de-sac road proposed to be named Richlind Ranch. The applicant has requested approval of the following: 1) rezoning to RA One-Family Residential; 2) variances a) to the 60’wetland buffer requirement for disturbance associated with the construction of the right-of-way; b) to the 60’wetland buffer requirement for disturbance associated with the installation of storm sewer improvements; c) to the 60’wetland buffer requirement for the pre-existing structure on lot 2 to be located 55’from a wetland; d) to the 20’structure setback from a wetland buffer for the pre-existing structure on lot 2 to be located 55’from a wetland; e) to the 30’front yard setback area for lots 3-7 for a structure to be located 25’from the property line; f) to the 600’maximum cul-de-sac length for a 670’long cul-de-sac. Staff recommends approval of the following variances: 1. a 5’variance to the Wetland 1 60’wetland buffer for disturbance associated with the construction of the right-of-way; Planning Commission February 11, 2015 2. a 55’variance to the Wetland 1 60’wetland buffer and a 35’variance to the Wetland 4 60’wetland buffer for disturbance associated with the installation of storm sewer improvements; 3. a 5’variance to the 60’wetland buffer for the pre-existing structure on lot 2 to be located 55’from a wetland; 4. a 20’variance to the 20’wetland buffer setback for the pre-existing structure on lot 2 to be located 55’from a wetland; 5. a 5’variance to the 30’front yard setback for lot 1, and 3-7 for future structures to be located 25’ from the property line; 6. a 557 square foot variance to the minimum lot area for lot 1 7. a 70’variance to the 600’maximum cul-de-sac length. Staff recommends approval of the preliminary plat with 13 conditions. Commissioner Fletcher asked about review of the stormwater management plan by the Middle St. Croix Water Management Organization. City Planner Wittman responded that the stormwater management plan proposed has been approved by the City Engineer. The Middle St. Croix Water Management Organization reviewed the original submission but has not yet reviewed the revised plan. The revised plan meets the conditions originally recommended by the Middle St. Croix Water Management Organization, with the exception of the 5’ disturbance. Any additional conditions of the watershed organization resulting from their review of the preliminary plat will automatically become conditions of approval. Thad Rich, applicant, provided a PowerPoint presentation showing the proposal and the revisions that have been made since meeting with the watershed district and the conservation district. It was trimmed from 11 lots to 8. The development retains and maintains the wetlands. Commissioner Siess said she was surprised that there will be a Home Owners’association. Mr. Rich said the Home Owners’association was not his idea. The watershed organization wanted to have an association that monitors the wetland buffers, representing a combined effort. It will be part of the final plat. He wants to make sure the neighbors have their distance. Nothing should change for them at all. He is not trying to change the wetlands or trying to put a house right next to them. City Planner Wittman indicated she has received many phone calls and emails but no public comments were written. Chairman Kocon opened the public hearing. Allan Bergevin, 680 Wildwood Lane, stated that he is not so concerned with the houses but he would like to see that no elevations are changed. Referring to the rain gardens proposed for each individual property, he asked what if the property owner wants to create more yard and fill in the rain garden - will that create a problem? Bill Murphy, 802 Eagle Ridge Trail, pointed out that the land is not flat, it is contoured. He has no problem with the houses but is concerned about any potential elevation changes affecting the groundwater. People on Eagle Ridge Trail like himself have spent about $40,000 for water control. He predicted that lots 3-6 will have water problems. The rain gardens will not have any impact. Page 2 of 6 Planning Commission February 11, 2015 Lori Bandelin, 786 Eagle Ridge Trail, said she too is concerned about the development affecting the groundwater and how water will come up to her house. She echoed Mr. Murphy’s concerns. Tom Holmstrom, 746 Wildwood Lane, asked what is the permanency of the wetland buffer areas? In years to come, would someone who builds on lot 4 be allowed to build an outbuilding on the back of his lot? Is there enough teeth to this plan that a new developer won’t come in and ask for more variances? The City should include sufficient restrictions to give neighbors protections in the future. Chairman Kocon responded that anyone seeking to build will be restricted by all the regulations that are in place. If they seek another variance, neighbors will have an opportunity to be heard. Danielle Koller, 521 Boutwell Place, agreed with previous comments. She is concerned about water that runs behind her home onto neighbors’property and what will happen when that land is disturbed. She was pleased the plan was changed so as not to have a house butting up against her property but feels the development still is changing the character of the area, putting eight houses in her front yard. Steve Johnston, project engineer, explained the di minimus exception to the wetland conservation act. He said they are not planning on filling the wetland. The wetland buffer goes 5’into the right-of-way. After the street is built, it will be restored with native vegetation and be left alone, it will not be mowed. Regarding infiltration basins and ponds, they are constructing infiltration basins at the low point of the road so runoff from the front half of the homes and the roads will go into those infiltration basins and soak into the ground. In an event greater than a half inch rainfall, it will flow into the storm water system. Wetland 1 is landlocked. It will overflow but only after it rises up five to six feet. Wetland 4 flows into Wetland 2 and overflows along the property line to an outlet in the northeast corner of the site. The development will continue to use that drainage system and maintain the natural drainage throughout that conservation area. The homes are all set two to four feet above the high water level of the wetlands in the conservation area. The conservation easement is permanent. Someone will not be able to come back and request a permit to build a building in those wetland buffer areas. They are proposing one small rain garden in each backyard because it is impractical to get the water from the back half of the roof to go out to the street, so each homeowner will direct runoff from the back half into that rain garden. Chairman Kocon closed the public hearing. Commissioner Hansen asked about the area outside the wetland buffer but not designated as buildable - could a small shed or structure be built on some of those areas? He would like to make sure this issue is brought up and addressed. City Planner Wittman responded that a small shed would not be permitted to be built in the structural setback area. Any building less than 120 square feet doesn’t require a building permit so the City may not be aware of it, but it would be illegal if someone put a structure in this location, within 20’from the wetland buffers. Mr. Rich stated that nothing will get built in the back. He wants to make sure neighbors are happy. Commissioner Siess stated she shares the neighbors’concerns about water. Knowing what she and her own neighbors deal with and knowing how it can change the nature of the land, she cannot approve the proposal. Page 3 of 6 Planning Commission February 11, 2015 Commissioner Collins stated he also cannot support the proposal knowing the adjustments to the land could significantly impact the neighbors. Chairman Kocon stated he has faith in the City Engineer and the watershed district - the Commission needs to serve the buyer also. Perhaps all the homes need to be constructed without traditional basements. He could support approving the preliminary plat. Commissioner Hansen stated the difficulty for him is that the Commission needs to strike a balance. The property owner has gone to great lengths to compromise to get a plan that works. The City Engineer and Planner are comfortable with the plan. The water management organization’s conditions will be part of the approval. Depending on how the homes are built, they could potentially have water issues. He supports the proposal because he feels a compromise has been met. He cannot see another way that this land could be built upon. Commissioner Fletcher noted it comes down to the confidence you have in the water management organization and the protections that are in place. If the preliminary plat meets the rules and the Commission agrees with the variances, then they should approve it. Commissioner Siess remarked it would be interesting to know how many people in this area have had water problems. Motion by Commissioner Hansen, seconded by Commissioner Fletcher, to recommend approval of rezoning to RA One-Family Residential, the variances and preliminary plat, with the following conditions. 1. The site shall be developed in substantial conformance with the 1/30/2015 Preliminary Plat Resubmittal plan and the 2/11/15 Wetland Site Plan set on file with the Community Development Department, except as may be modified by the conditions herein or variances denied. 2. The variances and rezoning will not take effect until the final plat is approved by the City Council. 3. A total of 433 square feet of Wetland 1 and 544 square feet of Wetland 4 are recognized as a di minimus. No wetland fill shall occur. 4. Storm ponds should be designed to reflect the new rainfall data from National Weather Service Atlas 14. 5. The amended Preliminary Plat shall be reviewed by the Middle St. Croix Watershed Management Organization prior to the submittal of the Preliminary Plat to the City Council. WMO recommended conditions will be incorporated by reference into this approval. 6. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. 7. All of the stormwater infiltration ponds and basins must be privately maintained. A Home Owners’ Association will be ;required, as will associated maintenance documents that will have to be filed in chain of title. These must be submitted to the City for approval of form and content together with final plat application materials. 8. Civil engineering plans submitted with final plat application materials must be consistent with the City Engineer comments found in this report, and the plans must be found satisfactory to the City Engineer. 9. Conservation easements for all lots will be required to be filed with the final plat for all wetlands and wetland buffer areas. These must be submitted to the City for approval of form and content together with final plat application materials. There shall be no building in non-contiguous rear yard areas. 10. Home Owners’Association documents including stormwater facilities maintenance must be submitted with final plat application for approval by the City. When approved by the City they must be filed together with the final plat. Page 4 of 6 Planning Commission February 11, 2015 11. This development will be responsible for paying $2,500 per lot to the City for park and trail dedication fees. These fees may be reduced by crediting trail construction costs if found acceptable to the Park Commission and City Council and thereafter included in the Development Agreement associated with this plat. These fees will be due prior to release of the final plat from the City for recording with Washington County. 12. This development shall be responsible for paying 2015 development impact fees including the Transportation Adequacy/Mitigation Fee, the AUAR fee and trunk sewer and water fees. These fees shall be due prior to release of the final plat for recording with Washington County. 13. Pruning and grading near any of the oak trees to be saved, especially the red oak, shall not occur between April 15 and July 1, unless a professional forester has prepared an oak impact plan that is approved by the City in advance of work on the site. Motion passed 4-2, with Commissioners Siess and Collins voting nay. Case No. SUP/2015-2. Request for a Special Use Permit for a drive through and outdoor eating area associated with a new outlot to be located next to Valley Ridge Mall, 1240-1570 West Frontage Road. Jesse Hammer, applicant and Kriss Novak, owner. City Planner Wittman summarized the request. The applicant is proposing a drive through and outdoor eating area in conjunction with a new Dairy Queen Grill & Chill to be located next to Valley Ridge Mall. Staff recommends approval with seven conditions. Chairman Kocon opened the public hearing. Property owner Kriss Novak noted that they will have less impervious surface when done. They are in agreement with the watershed district on how to handle water on the site. Chairman Kocon closed the public hearing. Motion by Commissioner Siess, seconded by Commissioner Fletcher, to approve the Special Use Permit with the following conditions: 1. A trash enclosure shall be constructed prior to the Dairy Queen receiving a Certificate of Occupancy. 2. If cooperative trash facilities are proposed, an agreement between owners of the Dairy Queen and Valley Ridge Mall shall be submitted to the Community Development Department for review and approval. The agreement shall include a site location plan of the proposed cooperative trash facilities and all enclosure material specifications. 3. All existing and future trash receptacles shall be stored inside the building or in the proposed trash enclosure at all times with the exception of the day of trash collection. 4. Conditions of a HPC-issued Design Permit shall be incorporated into this Special Use Permit by reference. 5. A drainage plan found acceptable to the City Engineer shall be submitted and approved prior to the release of the building permit. 6. Plans and the use will need to be approved by the engineering, fire and building officials before the issuance of a building permit. 7. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. All in favor, 6-0. Page 5 of 6 Planning Commission February 11, 2015 OTHER BUSINESS There was no other business. FYI Boom Site Invitation City Planner Wittman reminded the Commission of a Friends of the St. Croix Boom Site meeting to be held on February 24. The meeting is to gather input for the Department of Natural Resources on the future of the boom site. ADJOURNMENT Motion by Commissioner Fletcher, seconded by Commissioner Siess, to adjourn the meeting at 8:55 p.m. All in favor, 6-0. Respectfully Submitted, Julie Kink Recording Secretary Page 6 of 6