Loading...
HomeMy WebLinkAbout1998-08-19 PACKET 04.A.I.REQUESI` C7F CITY COUfVCIL ACTION COUNCIL AGEIJ�A NIEETING ITEM # , DATE 7/15/98 PREPARED BY: Community Development Kim Lindquist ORIGINATItJG DEPARTMENT STAFF AUTHOR «�..���..«��....«....�.«.rt�..���e�.�b���.�.�««a. COUNCIL ACTION REQUEST: Receive and place on file the approved minutes for the Planning Commission's meetings on June 22, 1998. BUDGET IMPLICATION ADVISORY COMMISSION ACTION �t ■ ■, � ■ ■ PLANNING PUBLIC SAFETY PUBLIC WORKS PARKS AND RECREATION HUMAPJ SERVICES/RIGHTS ECONOMIC DEV. AUTHORITY : � � .' � ' i� _ REVIEWED ❑ ❑ ❑ ❑ ❑ ACTUALAMO DENIED ❑ a ° ❑ ❑ ❑ SUPPORTING DOCUMENTS r ■ ■ ■ ■ �1 MEMO/LETTER: RESOLUTION: ORDINANCE: ENGWEERING RECOMMENDATlON: LEGAL RECOMMENDATION: OTHEf2: Planning Commission Minutes — June 22, 1998 �� � �� `� • ' •� " ��� APPROVED ❑ ❑ ❑ ❑ ❑ ��� �� � � `� City Administrator �ate d&& t�k C# i f�& > rt a i# 6&�R b k 4 k A 4@�.! & Q 4 R b k tr k& W& R b tr �A 4 R� R 3 W* COUNCiL AC1�lC7� TAKEiV: ❑ APPRC7VED ❑ DE�dIECb ❑ OTHEE2 F:AGROUpS�PLANNAtG\1998VCCiYEOtiNUune PC Minutes.doo City of Cottage Grove Planning Commission June 22, 1998 Pursuant to due call and notice thereof, a regular meeting of the Planning Commission was duly held at City Hall, 7516 - 80th Street South, Cottage Grove, Minnesota on the 22nd day of June, 1998, in the Councii Chamber. Call to Order Chairperson Auge cailed the meeting to order at 7:00 p.m. Roll Call Members Present: Jon Auge, Philip Foster, Herb Japs, Glen Kleven, Jeff Podoll, Pat Rice Members Absent: Ken Boyden, Glen Brown Staff Present: Kim Lindquist, Community Development Director John McCool, Senior Pianner Ben Martig, Planning Intern Approval of Agenda Auge announced that the Galant Oaks application (Case PP98-13) and the accessory structure text amendment (Case TA98-20) would be postponed until the July 27, 1998, meeting. Jetf Podoll moved to approve the agenda as submitted. Richard Sawyer seconded. Motion carried unanimously. Open Forum Chairperson Auge asked if anyone wished to address the Planning Commission on any non-agenda item. No one spoke. Chair's Explanation of the Public Hearing Process Chairperson Auge explained the purpose of the Pianning Commission, which serves in an advisory capacity to the City Council, and that the City Councii makes all final decisions. In addition, he explained the process of conducting a public hearing and requested that any person wishing to speak should come to the microphone and state their fuli name and address for the public record. Planning Commission Minutes June 22, 1998 Page 2 of 11 Public Hearings 6.1 RS98-16 Don Biscoe has appiied for a rural subdivision to create a 3.44-acre and a 2.55-acre parcei from a 5.99-acre tract of land. The property is located at 8220 Kimbro Avenue South. Ben Martig summarized the staff report and recommended approval subject to the three conditions listed in the staff report and that the 2.55-acre parcel be rezoned AG-1, Agricuitural Reserve. Don Biscoe, the applicant, as presented in the report. split. stated that he wanted to put the land back into agricultural use, He expiained the background associated with Wilmer Holz's lot Japs asked if Biscoe agreed to the recommendations. Biscoe responded that he had. Auge opened the public hearing. No one spoke. The pubiic hearing was c%sed. Podotl moved to accept the application subject fo the conditions /isted in the staff report. Rice seconded, 1. Parcel B shali be combined with the abufting property in fhe resf of the NW9/4 of the NH/4 (GEOCODE 14027-21-12-0001) info one rea/ estafe fa�r parce% 2. The applicant shall initiate a zoning amendment to create a sing/e zoning disfrict classificafion for the combined Parcel B and abutting parcel. The combining of fhe two parce/s wiil create a spiif aoning district: R1 rural residential and AG-! agricuitural preservation. 3. The conveyed property /ocafed in the soufheasterly corner of Parcei A (GEOCODE 14-027-21-12-0007) shali be combined with Parce/ A into one rea/ estafe tax parcel. Applicafion fo combine should be filed with the Counfy prior to City Council review. The motion passed unanimously. 6.2 PP98-14 and ZA98-15 Mike Rygh for Secure Properties Inc. has filed a preliminary plat appfication with variance for a proposed subdivision named Hidden Valley and for rezoning from R2.5 to R5 for a portion of the development. The proposed pro�ect, which consists of 78 lots for unattached singie-famiBy homes, is located south of 70 Street, east of Harkness Avenue and west of Hidden Vailey Trail. Lindquist summarized the staff report and recommended approva! subject to the conditions listed in the staff report. A revised recommendation with conditions was submitted to the Pianning Commission Minutes June 22,1998 Page 3 of 11 Commission. Kieven asked if the only difference in the new information was the area charges. Lindquist stated that the traii along 70 Street is being deleted. Auge summarized that changes were made to conditions #4 and #30. Kleven asked if 25 percent was the right number in condition #1 d. He aiso referencec� condition #27 and asked if this was a concept that was dealt with in the Centex proposal and if were they restricted. Lindquist responded that Centex had a similar condition; they were restricted to the first two phases. Kleven asked about requiring all retaining walis to be located outside of right-of-ways or city property. lindquist answered that could be made a condition. Kieven asked about the 25-foot wide trailway. Lindquist responded that it is referenced in condition #29, though it is not very clear. Kleven discussed the variance request for reduced right-of-way. Kleven stated that the 50- foot right-of-way plus an additional 5 feet of easement is hard to understand and that there would be no difference if there were a 60-foot right-of-way; there would still be tree removal. Lindquist responded that the change would move the buildings five feet cioser to the front property line. Kieven suggested that tree preservation should be looked at on a lot-by-lot basis as the houses are being built. Podoll asked if the City would still be able to put trees orrthe boulevards with the extra five- foot easements. He stated that the Pavement Management Task Force wanted trees as far away as possibie and wanted to know if this wouid stiil happen. Lindquist answered that it would. Podoll inquired about the fishing pond and wanted to know if it would aerated to keep the fisn alive and who was liable for it. Lindquist responded that there is no intention to aerate. She also stated that the DNR would restock the pond if the fish died. Podoll questioned if the pond under the NSP lines makes sense based on information from engineer's letter. Also addressing the engineer's memo, he stated that due to the 50-foot drop in rear yards in the north, the buyer should be aware. He asked, with the proposed grading, if there should be a condition to protect the city in case of flooding. He mentioned that people in the 9300 block of Jeffery had had problems due to steep slopes. Auge asked that Rygh address this issue. Auge opened the pubtic hearing. Mike Rygh, Secure Properties inc., stated that he understood most of the staff report. He stated that under condition #25 regarding decorative lighting that he imagines that it would be the same as the lights in Hidden Valiey and asked what other options are available. Lindquist responded that the City would make the 80� Street lighting available if desired. Rygh stated that he wanted to keep the lighting consistent. Rygh responded to condition #21 that the landscaped property would be maintained by a homeowners association. He indicated that along 70� Street and Harkness Avenue the landscaping would be maintained by the property owner. Planning Commission Minutes June 22, 1998 Page 4 of 11 Rygh addressed several points relating to conditions #10 and #29. He has worked with staff and that 50-foot wide should be okay. He also stated that with the steeper slopes, it should be seeded right away, and he also would like to plant Vees. Sawyer asked what the pond depths wouid be. Rygh responded that they would be 15 feet to 25 feet deep. He also stated that the DNR didn't care if the pond froze out and that they wili restock it. Japs asked if there was a reason why the city wants to switch the lighting for this development. Lindquist responded that the city is asking the developer to consider other options so the West Draw couid have a different appearance than the other areas of the city. Japs stated that the development should be consistent, especialiy with lighting, to the other adjoining subdivisions. Sawyer asked what the homes would cost. Rygh answered $150,000 to $300,000. Sawyer then inquired when the development would start. Rygh responded that he would like to begin as soon as possible with roads and utilities installed by fall. Podoli asked about the phasing of the development. Rygh responded that they would connect the main road to Harkness and instail a cul de sac with other cui de sacs added in the future. Japs asked what the impact to home sales wouid be due to the Wakota Bridge and Highway 61 upgrades. Rygh responded that it would be positive when road improvements are completed. Kleven questioned the 50-foot right-of-way versus the 60-foot right-of-way and what Pubiic Safety and engineering had suggested. He stated that he has a problem with the 50-foot right-of-way because it is inconsistent with the city ordinances. He appreciates efforts on tree preservation, but wants to know if it could be platted with the 60-foot right-of-way and reviewed later during siting of the houses and looking at tree locations. Rygh responded that it was a timing issue. He stated that ciearing oniy 50 feet wouid not affect every house. It wouid be a challenge for the lots on the east side of the southwest cul de sacs due to the pond. He does not want to clear a 60-foot right-of-way. Kleven stated that the city should look at preserving significant trees and questioned if the city requires clearing the entire 60-foot right-of-way. He further stated that preserving trees within the right-of-way could achieve the same goal. He suggested that staff be allowed the ability to make the cail. Rygh responded that this would be a problem due to the front yard setback requirements. Podoii stated that this is not a tree preservation requirement but a slope issue. Rick Benson, 7529 — 72`� Street, asked about the access off Harkness and Hardwood Avenues. Rygh responded that it would be to the south. Lindquist responded that Hardwood Avenue would not be constructed for several years; it will be constructed when West Draw development warrants the need for a new road. Benson then asked about the pond located within the NSP easement. Rygh answered that the pond would be a buffer to Planning Commission Minutes June 22, 1998 Page 5 of 11 handle rain runoff prior to going to other ponds at the bottom of the hili. Benson inquired if lowering the hill was a dead issue. Rygh stated NSP poles are custom-made poles and cost $75,000 to $100,000 per pole. Benson also asked if there would be room around the fishing ponds for a picnic area. Lindquist stated that there was a small parking area with some land available. Rygh responded that there wouid be room for 4 picnic tabies and to park 10 cars. Benson would like to see a larger picnic area. Lindquist stated that there are a variety of picnic areas within the West Draw. Benson wanted to know if the two large ponds are connected. Lindquist stated that there would be a culvert undemeath the road. Benson then asked about saving the trees by the cui de sacs along the NSP easement as there are no trees in the easement. Auge c/osed fhe pubtic hearing. Kleven made a mofion to approve the rezoning per the staff report. Rice seconded. 1. The applicanE shall maintain the proposed lot sizes and configuration presented to the City in Case 38 -1M15. This precludes any re-platfing of the property fo /ofs more consistent with the minimum R5 zoning ordinance standards. Japs expressed his concern that this may establish a precedent but that this situation is unique due to the development in the east. Motion was passed unanimously. Podoii moved to approve fhe variance for fhe 50-foof right-of-way based on consistency with the sfaff report recommendations. Japs seconded. 1. The applicant dedicate an addifiona! five-foot drainage and utility easement along the fronf of the adjoining cul de sac lofs. Motion passed 5 fo 2 with Foster and Kieven vofing against. The Commission discussed the preliminary plat application and ciarified the changes to the conditions of approval. Lindquist stated that there is concern about the homeowner maintaining the landscaping along 70�' Street. The city doesn't want the homeowner to remove the plantings p�t in as part of the project. Rygh believes if they put the tree in, the owner will keep it there. The cul de sac islands wouid be maintained by the homeowners association. The land along Harkness/Hardwood is owned by the city. Lindquist recommended that an easement be recorded to protect landscaping along 70�' Street similar to the Centex project. Kieven stated that it should be left as private property and the city gets the easement. Planning Commission Minutes June 22, 1998 Page 6 of 11 Kleven asked if language was needed to protect retaining wall. Condition #30 wili contain language that the retaining wall not be buiit in public right-of-way or on public land. K/even made a motion to approve the preliminary plat �ubjecf to the listed conditions. Japs seconded. 1. Approval of the preliminary plat is valid for one year after Cify Council action. The City CounciJ may exfend the period by agreement wifh fhe su6divider in the case of developing fhe project in phases; or fhe Council may require submission of a new application. 2. The developer shall enter info a subdivision agreement with the City of Cotfage Grove for the installafion of and payment for al! public improvements in the subdivision, pursuant to Section 28-18 of the City's Subdivision Ordinance. 3. The applicanf dedicafe certain /ands for park dedicafion purposes. lf under 10 percent of totai acreage, cash payments shall be required proportionately. This will be defined in fhe subdivision agreement. 4. All area charge fees shall be paid in ful! in accordance with the terms specified in fhe subdivision agreement. The tofa/ calculated area charges for fhe entire subdivision equate fo $482,197.65 ($126,591.44 for wafer works, $67,643.41 for sanitary sewer, and $288,042.80 for storm sewer). A credit for installation of the regiona/ ponding system wil! result in an adjustment to the storm sewer area charge. This will be defined in fhe subdivision agreement. 5. The required dedication of rea/-estate property to the City for public park shall be described on the final plat as Out/ofs. The deve/oper shall be responsible for all costs (e.g. property taxes, recording fees, etc.) in conveying said property to the City. 6. The payment for recreation fees for the subdivision shall be in the amount specified by City ordinance at fhe time of paymenf. Said fees can be paid in phases with the re%vant final plats, and shal! be paid prior to retease of fhe pfats for recording. The current ordinance amounf per lof is $150.00. 7. The dimensions of each lot sha/l be verified on the final plat and a list containing the square foofage for each !ot sha// be provided to the City. 8. All drainage and utility easemenfs and al! pu6lic right-of-ways as recommended by the City's consulfing engineer and city staff shall be shown on the final plat and dedicated to the City for public purposes. 9. Prior to the grading permit being issued by the City, the Developer must obtain a MPCA Genera/ Storm Wafer Permit and conduct a pre-construcfion meefing with Cify staff, developer and the developer's consultants. The contracfor shatl provide the City with a project schedule for various phases of constructian. A Planning Commission Minutes June 22, 1998 Page 7 of 11 financial guarantee for erosion contro/ and street sweeping must be accepfed by the City and before a grading permit is issued. 10. The deve%per shall pay fov the construction of a six-foot wide concrete sidewalk /ocated a/ong the roadway fhat connects fo fhe Hardwood Avenue corridor. The applicant is required to posf a financial guarantee in !he amount of 25 percenf of the estimated cost to consfruct these sidewalks. 11. A"STOP" sign shall be instal/ed by the City at each intersection designated by the public safety Department. The developershall be responsible for the City's costs of these "STOP" signs. 12. A barricade shaP/ be installed af the end of al/ streefs that are dead-ended. Mounfed on fhe barricade shall be a sign providing nofice that these streets are planned to be e�ended in !he future. 13. The devetoper shatl disc/ose to homebuyers of the surrounding vacant property /and uses. 14. The applicant receive and appropriafe permits or approvals from other regulatory agencies including, but not limited to, the Army Corps of Engineers, Soufh Washington Watershed District, and the Minnesota Pollution Control Agency. 15. The developer shall submit a final grading, drainage, and utitity p/ans for staft's review and approva/ prior to issuing a grading permit. The plan should address all issues raised in the sfatf report. The submitfal shall include a final construction management plan which details erosion control measures, project phasing for grading work, areas designated for preservafion, designafed haul routes and a commifinent to keep the streets clean and in good repair, a crushed-rock construcfion enfrance and construction-related vehicle parking. 16. Snow fencing around preservafion areas and erosion control insta!!ed prior to commencemenf of any grading activity. 17. Sife grading activity sha// be limited to public right-of-way and ouflot areas. lndividual /ot grading sha!/ be reviewed, approved and completed on a case by case basis prior to commencement of consfruction activity to ensure comptiance with the City's tree preservation ordi�ance. 18. All emergency overflow swa/es must be identified on the Grading and Erosion Confro/ Plan. The drainage swa/e elevations shal! be staked and sodded. A fnancial guaranfee covering fhe estimafed cost of staking and sodding this area musP be included in the subdivision agreement. 19. Erasion control shall be performed in accordance with the recommended practices of the "Minnesota Consfruction Sife Erosion and Sediment Control Planning Planning Commission Minutes June 22, 1998 Page 8 of 11 Handbook" and the condifions stipulated in Sec6on 23-36, Erosion Contro/ during Construction of the City's Subdivision Ordinance. 20. The developer must grade public park property in accordance with tf�e final grading plan. Grading tfre park property must be within a grade tolerance of plus or minus four inches. The topsoil shall be restored fo a depfh of af least four inches. The applicanf shall grade the parking /of for fhe pianned fishing area in the subdivision in accordance with fhe approved grading plan. 21. All landscape center island out/ots and other prlvate outlots in the subdivision sha// be in the ownership and confrol of a Homeowners' Association. Mainfenance for all landscape islands and ofher private out/ots shal! be the responsibilify of the Nomeowners' Association. The applicant will dedicafe an easemenf along 70`�' Sfreet and Hardwood Avenue restricting removai of landscaping. 22. The applicant submit a final landscape plan for lot review and approval prior to issuance of a grading permit and a bona fide cosf estimate of fhe landscaping improvements. A letfer of credit in the amounE of J50% of the landscaping estimate, streef repair, sfreet sweeping, paving and curbing, and irrigafion systems, should be submitted to and approved by the City. Upon complefion of the landscaping improvements, the owner shall, in writing, inform fhe City that said improvements have been comp/efed. The Cify shall retain the financial gua�anfee covering the landscape imp�ovements for a period of one year f�om the date of notice, fo ensure survival of the plants. No building permit shall be issued untii the required financia! guarantee has been received and accepted by fhe cify. 23. As detailed in the Staff report, a roadway improvement fee of $39,000 for fhe subdivision's confribution to the Hardwood Avenue corridor improvement project shall be paid by the Applicant. 24. The access coniro! on a// /ots with frontage on CSAH 22 (70th Streef) sha!l be dedicated fo Washington County. 25. Signage for the subdivision shall be consistent with the city sign ordinance. A sign permit must be obtained prior to installafion. 26. Review of tire traffic generation associafed with the subdivision shall be completed prior to final plat approval. Preliminary plat approval encompasses fhe entire Hidden Valiey project; however, final piat approvai is limited to 4U lots if found consistent with the APFO. Should the traffic analysis show that development of 40 lots does not comply with the APFO, adjusfinents in phasing and development may need to be made by fhe developes 27. An easere►enf or restrictive covenant shail be created which requires t6af nafural vegefation fa be estabiished and maintained on a!/ s/opes greafer than 3 to 1e Planning Commission Minutes June 22, 1998 Page 9 of 11 28. The 20-foot otf-road trai! from the soufhern portion of the piat to the NSP easement shall be cleared and signed as a part of the final plaf for the area. 29. The applecanf dedicate to fhe Cfty the N3P easement easf of the p/at, commonly known as Outlot F, as required by previous Council approvals. The City will pe�mif ponding wifhin the Ouf/ot provided there is ample space and topography permits insfallation of a fraiL The appiicanf will ensure fhe dedicated area is contiguous to western platfed road without additionai compensafion. 30. No retaining walls shall be installed on the public right-of-way or land to be dedicated to the City. Motion was passed unanimously. 6.3 CUP98-17 and V98-18 CeilNet Data Services (MSP), Inc. has applied for a conditional use permit and a variance to instali an electromagnetic communications antenna on an existing NSP electrical transmission tower and an equipment storage structure on Outlot B, Pinetree Pond East Addition, located at the northwest corner of Ivystone Avenue and Indian Boulevard. McCool summarized the staff report and recommended approvai subject to the conditions stipulated in the report. Tom Frerich, CeilNet Data Services, stated that they had reviewed the report and were in agreement with it. Auge opened the pubiic hearing. Snaron Fortunak, 7120 Ivystone Avenue South, stated that she believes the existing NSP tawer is enough in this area. She mentioned that the site was ciose to a school bus stop. She requested that EMF measurements be taken before and after the conditional use permit is approved. Mike Evenovich, an electricai engineer with CeilNet Data Services, stated that the antenna would give low power transmission, about 30 watts, which is lower than what is given out by radios and televisions. Frerich stated that NSP has information regarding EMF's and their tower. Evenovich noted that the CeIINet project would not contribute to the NSP readings. He told Fortunak that he could put her in contact with peopie who do EMF research. Fortunak expressed her concern for the health of the children who utilize the piayground equipment in the area. She stated that she read severai articles on the topic of EMFs and has done research on the topic for seven years. She doesn't support any additional antennas in the area. Planning Commission Minutes June 22, 1998 Page 10 of 11 Auge stated that it is his understanding that communities cannot restrict the existence of EMCF antennas but they can regulate the location. He further stated that the residenYs concern seems to be related more to the NSP power lines rather than the CeIINet application. Rice made a motion to approve the applica6on subject to the eight condifions fisted. KJeven seconded. 1. All appiicable e%ctrica/ and building permits musf be issued by the City before construction begins. 2. Fina! building plans and specifications shat! be reviewed and approved by the City Building and Fire Depatfinents, 3. The structure shaii comply with at! State and Federal regulafions with regard to hazard identification lighting. 4. The color of the accessory strucfure's exterior wails shall be limited to earth tone co/ors. The applicant is responsib/e for the removal and/or c%an up of any gratfiti that might occur on the equipmenf building. 5. The City grants an easement to CellNet fo� purposes of installing, operating, mainfaining, repairing, replacing, and removing communications equipment together wifh the righf to have �easonab/e access for ingress and egress to and from public sfreef and equipment building. 6. A conditional use permit appticafion is filed with and approved by the Cify for the insfallation of afl microcel/ controllers that are needed fhroughout the Cify. Approval of this proposal does not ensure approval of the conditional use permit needed for the microce!l confrollers. 7. A!I grass areas disturbed by construction must be repaired and sodded within 30- days after all canstrucfion has been completed. 8. No advertising shai/ be displayed on fhe equipment building or anfenna. It was suggested that condition #6 be reworded to clarify the needed conditional use permit may not be automatically approved. Foster stated that the buiiding materials did not appear to be aesthetically pleasing. Frerich stated that they couid address the issue of the materials. Lindquist asked if the Planning Commission wished to pursue the issue of the building materials. The Commission feit that due to the low visibility of the area, a change in materials was not needed. Tt►e motion passed unanimousiy. Planning Commission Minutes June 22, 1998 Page 11 of 11 Apptications and Requests None. Approval of Planning Commission Minutes of May 18, 1998 Auge moved for approvaL Fosfer seconded. Motion carried unanimously. Reports 9.1 Recap of June City Council Meetings Lindquist summarized the actions taken at the June 3, 1998, and June 24, 1998, City Council meetings. 9.2 Committee Reports None. 9.3 Planning Commission Requests None. 9.4 Response to Planning Commission InquiPies None. Adjournment Foster moved for adjournment. Sawyer seconded. Motion carried unanimously.