Loading...
HomeMy WebLinkAbout04/06/1998Call to Order 2. Roll Call Approval of Minutes March 2, 1998 4. Approval of Agenda MAPLEWOOD PLANNING COMMISSION Monday, April 6, 1998 7:00 PM City Hall Council Chambers, 1830 County Road B East New Business A. Zoning Code Variance - Residential Building Height (3016 Frank Street) B. Haller's Woods (Sterling Street South) 1. Cul-de-sac length Code Variation 2. Preliminary Plat 3. Permanent Relaxed Urban Street Design 4. Street right-of-way width Code Variation 5. Zoning Map Change (F to RE-40,000) 6. No-parking on streets 7. Front and Rear Yard Setbacks C. Commercial Vehicle Parking and Storage Ordinance Amendment Visitor Presentations Commission Presentations a. March 9 Council Meeting: Mr. Roberts b. March 30 Council Meeting: Mr. Rossbach c. April 13 Council Meeting: Mr. Ledvina Staff Presentations Adjournment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA APRIL 6, '1998 I. CALLTO ORDER Chairperson Fischer called the meeting to order at 7 p.m. II. ROLL CALL Commissioner Bunny Brueggeman Commissioner Lorraine Fischer Commissioner Jack Frost Commissioner Milton Knoll Commissioner Matt Ledvina Commissioner Gary Pearson Commissioner William Rossbach Commissioner Milo Thompson III. APPROVAL OF MINUTES IV. Present Present Absent Present Present Present Present Present Commissioner Pearson seconded. The motion passed. APPROVAL OF AGENDA Ayes--Fischer, Knoll, Ledvina, Pearson, Rossbach, Thompson Abstain--Brueggeman Commissioner Thompson seconded. The motion passed. NEW BUSINESS A. Commissioner Pearson moved approval of the agenda as submitted. Ayes--all Zoning Code Variance - Residential Building Height (3016 Frank Street) Ken Roberts, associate planner, presented the staff report. Mr. Roberts answered questions from the Commissioners. James Haase, the applicant, was for the recommendation. Commissioner Rossbach commented that, when these lots were established, it was recognized that a creative solution would be necessary for placement of houses. Both Commissioners Rossbach and Fischer agreed that the ordinance needed to be looked at about the definition of height because of the different styles of homes today. Commissioner Pearson moved the Planning Commission recommend adoption of the resolution which approves a one-story and three-foot height variance for a new house at 3018 Frank Street. The city should approve this variance because: March 2, 1998 Commissioner Knoll moved approval of the minutes of March 2, 1998 as submitted. Planning Commission Minutes of 04-06-98 -2- The variance would be in keeping with the spirit and intent of the ordinance. The peak of the proposed house would be lower in height than some houses that are two and one-half stories tall. The proposed variance would not be excessive nor would it alter the character of the area. The applicant has shown that strict enforcement would cause undue hardship because of circumstances unique to the property not created by the applicant. Undue hardship means the owner cannot put the property to a reasonable use if the city denies the variance. Approval is subject to the applicant or owner following the site plan and building elevations dated March 5, 1998, subject to any changes required by city staff. Commissioner Thompson seconded Ayes--all The motion passed. B. Haller's Woods (Sterling Street South) Ken Roberts, associate planner, presented the staff report. Mr. Roberts answered questions from the Commissioners. Jack Clinton, an attorney with the Fluegel, Moynihan & Clinton firm of Hastings, was present representing Tollefson Development, the applicant. Mr. Carl Tollefson of Tollefson Development, the applicant, also was present. Mr. Clinton stated that, of the two plats submitted, they prefer to proceed with the 21 lot development. Mr. Clinton requested that the Planning Commission forward both plats to the City Council with favorable recommendations. Mr. Clinton stated that the applicant understood that they would not build any houses within the conservation area. Mr. Clinton asked that the tree cutting issue be consistent with the city ordinance that any trees (box elder, poplar, etc.) under 8" in diameter, that could otherwise be cut down, would be permissible to be removed. In addition, Mr. Clinton asked that they be allowed to construct accessory buildings within the conservation easement. Mr. Clinton stated that only 15% of the property would be graded and would be consistent with the intent of the ordinances. In addition, the DNR favors the street design as proposed and it would lessen the impervious surface which has an impact on the runoff. Mr. Clinton explained that, with the minimal amount of grading that is going to occur on site in order to construct the streets, there would be no way to further reduce this amount. This reduces the amount of trees and avoids any substantial tree impact. Mr. Clinton asked that the detailed tree plan not be required because the trees already on site exceed the minimum ordinance requirements. Mr. Clinton stated that the rate of runoff would be controlled at predevelopment levels, which will be done through infiltration and use of the holding ponds. In addition, the pipe at the northerly end of the proposed drainage pond is plugged so no drainage goes through it and there is no plan to change it. Therefore, there would be no additional drainage that would impact the septic system of the owner across Sterling Street. With regard to the Sterling traffic issue, Mr. Clinton stated that, as indicated, it is designated as a minor collector with a capacity up to 10,000 vehicles per day. It is currently at 1,000 vehicles per day. The increased trips from this development would be just over 200 which is still at the Iow end of the range of traffic for the proposal. In terms of the recommendations on page 7, item 2.b.(4), requesting house style, Mr. Clinton explained that the applicant is a land developer, not a builder, and, therefore, would not be building the homes on the site. The applicant would not have any meaningful plans that would indicate either house styles or types. The applicant assumes the individuals and their builders and Planning Commission Minutes of 04-06-98 -3- architects will be designing homes for the sites consistent with the pad locations that have been identified already and doesn't know what else the applicant can submit to the city that would be meaningful in this regard. Mr. Clinton had one other item going back to the conservation easement where it indicates that there are 13 acres. The applicant's engineer is out of town this week and they have not gone through and verified the exact acreage but as long as it was approved consistent with the line that had been delineated on the plat applications they were fine with that acreage amount. The Commissioners asked staff and applicant about the history of the project and drainage concerns. Mr. Tollefson of Tollefson Development, the applicant, stated that a neighbor was concerned about her driveway being aligned with the entrance to Haller's Woods, with the cars coming down and leaving the project their lights would shine into her driveway. The applicant, his engineer, and city staff went out to the site. As it turns out the location of the entrance will not be across from her driveway, it will be to the north of her driveway and was no longer an issue. Commissioner Thompson had some concerns about drainage at the extreme northwest corner of the project, Lot 1, and the no water runoff on the east side of Sterling Street headed north. The applicant stated that there are a series of holding ponds and culverts to direct all the water to the area down by Sterling where the holding pond is located. Ken Roberts, associate planner, stated that Lot 1, the first one on the corner, looks like it is draining to Sterling and then north to Fish Creek. All the rest go through the pond first. Commissioner Thompson would like this issue addressed. Carolyn Peterson, 1999 Jackson Street, an original member of the Maplewood Open Space Committee, stated that in February of 1997 when the City Council voted to not purchase this property known as Haller's Woods that the citizens were not aware this vote was coming up and those on the Open Space Committee were not aware of it. Six members of the Committee had written and signed a request to Mayor George Rossbach and the City Council dated April 2nd. She then read the request and gave it to Commissioner Fischer for the record. In the request, the Open Space Committee asked that the city consider acquiring Lots 4, 5, 6, 7, 8, and 9 of the Haller's Woods plat, using Open Space funds for the payment. This property was ranked No. 15 in the evaluation of open space properties available - it was one of the top 20 to be considered. These lots are about a 10 acre portion of the 38.5 acre property. They contain and protect the following ecological features: 1) An upland prairie containing rare and unique prairie grasses and flowers. 2) Contains a bluff line along the Mississippi River and is the third highest point in Ramsey County. It is the only one that is undeveloped. 3) Contains valuable Oak Savannahs. The purchase of these lots would eliminate the need for cul-de-sac named Haller's Court and would prevent the destruction of that portion of the upland prairie. It would also alleviate many of the water drainage problems in the northeast area of the property. This acquisition would connect with the conservation easements on portions of the remaining property starting at Lot 10 and continuing southwest and then to the north. It would protect an additional 13 acres, making a total of at least 23 acres of environmentally valuable land protected. Charlotte Wasiluk, 1740 Frank Street, a former member of the Open Space Committee, stated that Planning Commission Minutes of 04-06-98 -4- in 1991 the Open Space Committee was asked, by the City Council, to identify the best open space remaining in the city. They evaluated 66 parcels of land and recommended that as many of the top 20 as possible should be purchased for open space. The City Council approved putting a five million dollar bond referendum on the ballot in November of 1993 and it passed with 54% of the vote. Three properties from the top 20 were purchased. Haller's Woods was ranked 15 at that time and for some reason was passed by. There are not enough open space funds to buy the entire acreage so instead they are asking that the city purchase six (6) lots, which contain valuable ecological and environmental features. They would like all the citizens in the city to enjoy the beauty of this area rather than limit this enjoyment to a few private owners. Al Singer, 49 O'Day Street, also a former member of the Open Space Committee and reappointed to the Advisory Committee that is currently in place for the open space activities in the city. He is also a Ramsey County Park Commissioner and, professionally, he manages the environmental programs for the Minneapolis Park & Recreation Board. He and Commissioner Fischer went out to look at the Haller's Woods' property. He feels we need to look at these natural areas not as fragments but as pieces of contiguous property. That is what wildlife needs for water, for air, etc. He feels that, between the conservation easements, the land trusts that some of the property owners have talked about, and the open space in Ramsey County, we have an opportunity to connect pieces of property that, taken in their totality, would be very worthwhile. He feels it would be advisable to purchase the six lots. In looking at the applicant's proposed plan, Mr. Singer was concerned that in putting in the major access to this property that several 200+ year old oak trees would be removed. In addition, the current alignment also would take out a nice grove of 100+ year old basswood trees. The alignment further goes through one of the most interesting characteristics of the site, which is glacial moraine and why there are tall hills and valleys. Basically, the glacier stopped right there and kept a lot of the sand and gravel, so that the water that falls on the site really drains pretty quickly. It would be very difficult for homeowners to have manicured lots because the subsoil underneath will dry out very quickly unless they want to go into irrigation. There is one kind of nob that goes through the center line of the access road that has some of the nicest examples of the remnant vegetation that is found on the site and could be one of the characteristics that really marks the development as a new way of doing things. By using the current road alignment that gives access to the property or by taking two lanes around this nob it would buffer the property owners and preserve one of the nicest features on the piece of property. He advised the Planning Commission to look carefully at something different could be done. Maplewood is known as an innovative community. The open space work that has been done has been a pioneer not only in the State of Minnesota but nationwide. Maplewood has the opportunity to once again exert some leadership in saying that development can be done a little differently if we take the time to work with the land as opposed to trying to maximize it for purely economic values. In addition, the 8" tree, depending upon the tree species, can be extremely valuable in the conservation easements to provide for wildlife and a buffer as well. There may be other opportunities to minimize impervious surfaces so that there will not be the kind of sheet erosion that usually occurs in developments of this kind. Commissioner Knoll asked Mr. Singer what he thought a cluster development was because of a letter from the DNR which recommended that we look at a cluster development. Mr. Singer said a cluster development is the idea that you have one parcel of property scattered equally across 30 acres (i.e., 30 acres for five lots = 5 acres for each lot) which is the typical way these types of developments are done. The new idea is to cluster the lots closer together, thus preserving larger tracts of open space, such as, Jackson Meadow and in Lake Elmo. Commissioner Thompson asked Mr. Singer how the public was going to be able to appreciate the area if they can't get close to it without parking in someone's driveway. Mr. Singer thought it would make sense to use the main entrance which is the access road into the development and put Planning Commission Minutes of 04-06-98 -5- some sort of surface on the fiat portion of Lot 4 for a small parking area that would allow the public access to this property without a lot of grading difference or impact on the rest of the development. Greg Juenemann, 721 Mt. Vernon Avenue, an original Maplewood Open Space Committee member and also the former Assistant Area Wildlife Manager of the south metro area for the Minnesota Department of Natural Resources, toured the site with Mr. Singer and Barb Ledo. He would like to second the proposal that the open space funds be used to purchase lots 4 through 9. As pointed out, this portion of property, coupled with a conservation easement from the DNR and also some private land that would be adjacent and would be set aside to be restored as prairie or used in other ways for wildlife habitat, would make a very good natural open space area for the citizens of Maplewood and the rest of the metropolitan area. Barbara Ledo, 1480 Sterling Street South, read a statement on behalf of Michael Bailey, who is out of the country, and neighbors who were not able to attend. She said they want the city to acquire lots 4 through 9 to save the upland prairie, the two high points with the spectacular views, and the oak savannahs. They would like the 13 acres in the southern most part of Haller's Woods to be put into conservation trust, which, combined with the six lots, would make a good start for open space in the southern most part of Maplewood. They also requested conservation easements along the north end of lots 1, 2, and 3 to create a corridor for wildlife migration. Bailey's Nursery and some of the neighbors would like to put some of their land in trust to help achieve a corridor north to adjoin with the fish creek open space project. Fifteen homes could be built with no change to the plat. The cul-de-sac named Haller's Court would not be needed and this would further save the prairie from destruction. Leaving the steep portions of the property undeveloped would ease the water drainage problems that they were concerned about. Ann Hutchinson, naturalist for the Maplewood Nature Center, said she visited the site briefly. She explained that the nature center has been doing some education on the various open space sites that have been purchased already and feels that this particular site would provide a good educational opportunity because it has some really unique ecological systems. Dave Ledo, 1460 Sterling Street South, said he was one of the neighbors who lives just north of Haller's Woods. He said there is an easement running through the back edge of his property that could conceivably be hooked up to Haller's Woods and connect the open space from Ramsey County to make a nice corridor to tie the two areas together. He said he is working with the DNR and Prairie Restorations to redevelop his back 2 ~ acres to bring it back to its native habitat so that these areas can be tied together. It would make for a good bridge between the two areas. Commissioner Rossbach asked if Mr. Ledo's property abuts the Haller's Woods property. Ken Roberts said there was one property in between Mr. Ledo's property and Haller's Woods property. Commissioner Rossbach asked if there was an easement across that property in between. Mr. Ledo said there was not but that the resident was present and thought the resident would be willing to work with the city on that. Rod Korf, 1486 Sterling Street South, said his property was between Mr. Ledo's property and the Haller's Woods property and that he would be willing to work with the city on this issue. Commissioner Rossbach asked him if he would be willing to have a conservation easement across a portion of your property. Mr. Korf said either an easement or sell it to Mr. Ledo or whatever the case may be as he would like to see it as an open space if possible. Commissioner Rossbach asked staff that in a situation where there would be a conservation easement if there would be any money involved. Ken Roberts answered no money would be involved. Commissioner Thompson asked if the proposal to acquire Lots 4 through 9 was part of the Haller's Woods consideration. Ken Roberts said it was not part of the staff report and just came up tonight. Planning Commission Minutes of 04-06-98 -6- Carol Schlomka, 1447 Sterling Street South, said she is still experiencing drainage runoff onto her property from Fish Creek. The last rainfall reached the 100 year flood gate, which has happened three times previously. She believes that runoff from Lots 1, 2, 3, and possibly 4 will run down Sterling and into the ditch on her side and under her pine trees where it is already coming. She would like the city to come out and look at it. Commissioner Rossbach asked what her solution would be. She said larger lots, and at the height of where the land is, go with the open space. Where Lots 1 and 2 are she doesn't know how they are going to put a culvert where they want to put the road. She said they are going to move large valuable trees. She thinks there could be a better plan and where they were going to construct the three ponding areas, it was definitely going to drain on other people's property and she didn't think that was right. If they want to contain the water let them contain it on their land and let them use the land for that containment. Barbara Ledo, 1480 Sterling Street South, said she wanted to confirm what Carol Schlomka said. The day after last week's rain storm she was coming across the bridge on Sterling and happened to look over at the creek and the water was 10 to 15 feet higher than what it normally is. Mr. Clinton responded to a few of the points raised. First of all, as far as the open space is concerned, he said Mr. Tollefson was contacted by a representative from the land trust. This property was looked at during the open space process. Mrs. Bonsell was approached over a year ago and an agreement could not be reached between she and the city concerning the purchase of the property. In February of 1997 the City Council decided not to pursue the purchase. Mr. Tollefson has reservation agreements on some of the six lots at issue, and he would have to work with those parties to see if an alternative lot could be arranged. Mr. Clinton feels this issue should be addressed by the City Council because they decided not to purchase this property before and if they wish to do so now, the applicant will attempt to work with them but that this is not pertinent to the preliminary plat application. Mr. Clinton said that there is a setback requirement required by the Watershed District regarding the wetland areas that would address the pollution concerns. As far as the water runoff is concerned, this project will be reviewed by the Watershed District, the city and it's staff, in addition to the development design being done by the applicant's engineer. As stated before, this plan would hold the water that is runoff by this property within it. Drainage would be improved with the holding ponds that will be constructed which would help diminish the existing water problem. They feel, however, that the pre-existing drainage runoff problem should not be Mr. Tollefson's responsibility to fix. In the design process they are going to control the rate of runoff and it will be at or below the existing level. Commissioner Knoll wanted to know what reservation agreements meant. Mr. Clinton said there were prospective purchasers for these lots. These agreements are subject to receiving approval and no purchase agreements have been entered into. Commissioner Fischer asked the city staff that, had they received the proposal for the purchase of the six lots earlier, could it have been addressed in the staff report. Staff answered in the affirmative. Commissioner Fischer asked if there was time, before the deadline, to table this proposal for two weeks so the staff could address some of these concerns. Staff responded that it would only allow the City Council one time to look at it without the developer granting a time extension so it is possible but tight unless the developer wanted to cooperate and agree to the time extension. Planning Commission Minutes of 04-06-98 -7- Commissioner Knoll said because the City Council were familiar with the zoning proposal that they would also have an option choice. Staff said that the City Council did not necessarily have an option. The only difference is the idea of only buying part of the site instead of all of it. Commissioner Rossbach wanted to know what the current status of the open space funds were. Staff said when they last checked there were $300,000 or $400,000 left. At this time, two purchases are being looked at. One expands the property near the Priory and the other expands the property in the Woodlynn and County Road D area. City staff didn't know what the dollar amounts for these are. Commissioner Fischer asked if they could approve the preliminary plat, with the understanding that if the city were to acquire these lots the cul-de-sac might not be necessary, without having to start the process all over again. Staff said it does not have to go through the process again when we are reducing the number of lots in a development because of changes. It would have to start over if there was an increase in the lots. Commissioner Thompson asked that if the cul-de-sac were eliminated how long would it then be. Staff said it would still be 1,350 feet long starting at Sterling Street. Commissioner Thompson asked how long they had to look at the conservation easement issue. Staff said because we have not done one of these projects before it would be up to the City Council to set the standards. Commissioner Thompson asked that if this was dedicated as a conservation easement, would there be any benefit to the property owner. Staff answered in the negative. Commissioner Rossbach asked if Mr. Tollefson would tell them what he presumes the value of his six lots to be. Mr. Tollefson said the Mayor had called and was given the dollar amount of these six lots. Someone else talked to the Mayor when he called so Mr. Tollefson doesn't know how many lots the quote for $350,000 was for. If the cul-de-sac didn't go in the road cost would be deducted from the $350,000. Commissioner Rossbach said that the whole idea of a conservation district was to conserve it and not allow anything in it, no sheds or tree trimming, etc. Commissioner Thompson said that there should be some give on the cleanup of the debris referred to by Ms. Schlomka or all we do is aggravate a preexisting problem. Commissioner Thompson said that somewhere there has to be some cleanup because the neighbors down the way should be entitled to some consideration and if it can't happen with a conservation easement then he would not be in favor of it. Staff explained that Ms. Schlomka lives at 1447 Sterling and thinks that her main concerns were with Fish Creek which is north of the site. The culvert that Commissioner Thompson was talking about in the drainage is the stream which runs in the south part of the site and there is debris in it. To the easement itself, if the city council wanted to allow the cleanup of dead fall in it they could certainly make that part of the conservation easement. Commissioner Fischer stated that it may be a question of what's proper management of the site to best conserve what is there and she knows that there are philosophical discussions over conservation versus preservation when you enter some of these areas. Staff commented that we have the same thing with open space properties, for example, if a dead tree falls across a trail in an open space site, do we cut the tree and move it so people can still walk or do we make people change their patterns. Staff mentioned a couple of other things regarding open space. One of the goals from the open space process was that the city wanted to spread out the purchases throughout the city, they didn't want to concentrate them all in one part. This part of Maplewood did get land purchased by the city at Carver and Sterling, on the northwest corner, so to say there has been no open space preserved in this area is not correct. That may have been part of the reason why this site was not real appealing for the city to buy in 1997 because they had already bought about 26 acres at Sterling and Carver. One of the philosophies of the open space purchases was that they had to have willing sellers and willing buyers, that through appraisals, could agree on a price. The city Planning Commission Minutes of 04-06-98 -8- was not going to go to condemnation on purchases. Again, the price that was offered in 1997 the city felt it was not a good value and not a purchase that they wanted to make so they turned it down. There were probably several reasons why the city didn't buy it in 1997 and that's not to say there shouldn't be some land bought now but staff believes there was some thought given to whether to purchase it or not at that time. Another factor was the amount of open space in the area of Fish Creek. When Mr. Juenemann had talked about the metropolitan area spreading out, one could make the argument that the more land we purchase would leave fewer lots available within the city forcing more people to spread out. We are holding 100 some acres for open space that is not available for development. This pushes more development out because the same number of people want to live in the area. Commissioner Fischer asked that if the city were to acquire the lots and we don't need the cul-de- sac anymore, wouldn't the curvature of the road as it comes in and as it makes it bend have to shift somewhat to service the one lot (Lot 10) that we would not be taking. Staff had already looked at this and didn't think the road alignment would have to change, some of the lot lines could be changed around. It would not have to necessitate another preliminary plat but could come between the preliminary and final. Commissioner Rossbach recommended that they approve Plat No. 1 and that they send a strong recommendation to the city council to consider purchasing the Lots 4 through 9. The staffs recommendation for the conservation district should be held in tact. Commissioner Rossbach would prefer to either give no recommendation on the alternate plat or to recommend that they deny it because it is not an appropriate development for this property. Commissioner Fischer asked staff if the commission would be better off not making a recommendation on the second plat because it meets all city requirements and by state law we could not deny it. Staff recommended that no action be taken on the alternate proposal and it be reiterated in a motion or resolution that the commission is only approving the first proposal and not the alternate proposal. Commissioner Ledvina felt that, as it relates to the removal of the lots in question, the alignment of the street could change somewhat and he wasn't comfortable in moving this along to city council without seeing the details of how the lot lines fall out and how the alignment of the road would change. Commissioner Rossbach debated that he didn't think the road would change all that much and he felt that the staff and developer were capable of changing lot lines. It would be better to move it onto the city council. The neighbors' testimony is that they would consider it a good compromise if the six lots were purchased. Commissioner Knoll had some concerns about not being able to get sewer and water in there and that we were giving 25% variances on streets and setbacks to help a developer. He also felt that if we were going to do a pond we should have a back-up for outflow. He felt it would be a good compromise to purchase the lots and allow satisfaction with the citizens but also allow the builder to go on. Without it he felt there would be future potential problems. Commissioner Rossbach stated that the Planning Commission doesn't deal with drainage and wanted to know what Commissioner Knoll's position was on the plat. Commissioner Knoll said he couldn't support it as it unless the city buys the six lots. He recommended approval contingent upon the purchase of the lots by the city. Commissioner Ledvina wanted more information as to how this site and those six lots works with other green space in the area if we are going to recommend that the city purchase 10 acres. Commissioner Fischer stated that by State law we are unable to table this item in order to get as much information as we might like and still allow the council the time they need to look at it. The council is the one who makes the decision on whether they acquire the land or not and it would be more proper for them to have the additional time. Planning Commission Minutes of 04-06-98 -9- Commissioner Fischer explained that in regard to setback variances perhaps the council would have more knowledge than we have about this. Commissioner Knoll moved the Planning Commission approve the plat contingent upon the purchase of the six lots by the city. The motion was not seconded. Commissioner Rossbach moved the Planning Commission recommend to the city council that we adopt the staff's recommendations as follows: Adopt the resolution that approves a code variation for the long cul-de-sac streets in the Haller's Woods preliminary plat. The city approves this variation because: 1. The variation will lessen the amount of grading, ground disturbance and street construction in the development. 2. The city has approved similar code variations for cul-de-sacs in the Budd Kolby and Oak Ridge Additions. Approve the Haller's Woods preliminary plat (received by the city on March 9, 1998). The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Have NSP install street lights in two locations, primarily at street intersections. The exact location and type of lights shall be subject to the city engineer's approval. Install permanent signs around the edge of the wetland and stream buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling, grading or dumping beyond this point. City staff shall approve the sign design and location before the contractor installs them. The developer or contractor shall install these signs before the city issues building permits in this plat. e. Install survey monuments along the wetland boundaries. f. Provide all required and necessary easements. g. Pay the city for the cost of traffic-control, street identification and no-parking signs. Demolish or remove the existing house, buildings and junk from the site. Abandon any unused wells or septic systems within the plat, subject to the Environmental Health Official's approval. Install survey monuments and signs along the conservation easement boundary if such an easement is required by the city council. These signs shall explain that the area beyond the signs is a conservation easement and that there shall be no building, Planning Commission Minutes of 04-06-98 -10- fences, mowing, cutting, filling, dumping or other ground disturbances in the conservation easement. The developer or contractor shall install these signs before the city issues building permits in this plat. Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, trail and street plans. The plans shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. This plan shall give special attention to prevent siltation on the existing Iow area on Lot 21. b. The grading plan shall: (1) Include building pad elevation and contour information for each home site. (2) Include contour information for the land that the construction will disturb. (3) Show sedimentation basins or ponds as required by the watershed board or by the city engineer. (4) Show housing pads that reduce the grading on sites where the developer can save large trees. (5) Show all proposed slopes steeper than 3:1 on the proposed construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. (6) Show all retaining walls on the plans. Any retaining walls more than 4 feet tall require a building permit from the city. (7) Show street grades as allowed by the city engineer. c.* The tree plan shall: (1) Be approved by the city engineer before site grading or final plat approval. (2) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (3) Show the size, species and location of the replacement trees. The deciduous trees shall be at least two and one half (2 ~) inches in diameter and shall be a mix of red and white oaks and sugar maples. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Austrian pine and other species. (4) Show no tree removal beyond the approved grading and tree limits. d. The streets shall be a 9-ton design with a maximum street grade of 8 percent and the maximum street grade within 75 feet of a street intersection of 2 percent. e. If approved by the city council, the streets shall be permanent relaxed urban design as outlined in Section 29-52(a)(5) of the city code with no parking on both sides. f. The drainage plan shall ensure that there is no increase in the rate of storm water run- off leaving the site above the current (pre development) levels. Planning Commission Minutes of 04-06-98 -11- 3. Change the plat as follows: Add and change drainage and utility easements as required by the city engineer. This shall include a drainage easement on Lot 21 below the elevation of Sterling Street Iow point next to this lot. This easement shall prohibit any building, structures, mowing, cutting, filling, grading or dumping within the easement area. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. c. Show Sterling Avenue as Sterling Street on the final plat and construction plans. d. Show the wetland boundaries on the final plat as approved by the watershed district. e. Show the conservation easement and boundary on the final plat if such an easement is required by the city council. 4. Provide all easements required by the city engineer. These shall include: Wetland easements over the wetlands and any land within 100 feet surrounding a wetland. The easement shall prohibit any building or structures within 100 feet of the wetland or any mowing, cutting, filling, grading or dumping within 100 feet of the wetland or within the wetland itself. A stream buffer easement that is at least 50 feet wide on each side of the stream that is across the rear of Lot 14. The easement shall prohibit any building, structures or any mowing, filling, cutting, grading or dumping within 50 feet of the ordinary high water mark (OHWM) of the stream. The purpose of these easements is to protect the water quality of the wetlands and the stream from fertilizer and runoff. They also are to protect the wetland habitat and the stream from encroachment. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developers agreement any grading that the developer or contractor has not completed before final plat approval. 6. Record the following with the final plat: a. A deed dedicating a 100-foot-wide wetland buffer easement surrounding any wetland. b. A deed dedicating a 100-foot-wide (50 feet on center) stream buffer easement for the stream that crosses the rear of Lot 14. A deed restriction prohibiting the construction of a dwelling or its attachments within 100 feet of the Williams Brothers pipeline. This affects Lots 14, 15 and 18 of the proposed preliminary plat the city received on March 9, 1998. The developer also shall notify the purchasers of the pipeline location. d. A covenant or deed restriction that prohibits driveways on Lots 1, 14, 15, 18 and 21 from going onto Sterling Street. Planning Commission Minutes of 04-06-98 -12- e. A covenant or deed restriction that requires all wells be drilled into the Saint Peter aquifer, the Jordan formation, or the Ironton-Galesville aquifer. fo A 13-acre permanent conservation and open space easement over the rear part of Lots 10 through 16 as shown on the map on page 15 of the city staff report. This easement shall prohibit any building, fences, mowing, cutting, filling, dumping or other ground disturbances in the conservation easement. A covenant or deed restriction for all lots noting that any house that is more than 150 feet from the public street shall have a 12-foot-wide, all-weather driveway as required by the fire code. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. Show the wetland boundaries on the plat as delineated on the site. A trained and qualified person must delineate the wetlands. This person shall prepare a wetland delineation report. The developer shall submit this wetland information to the Watershed District office. The Watershed District must approve this information before the city approves a final plat. If needed, the developer shall change the plat to conform to wetland regulations. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. C. Approve using permanent relaxed urban streets in Haller's Woods. D. Adopt the resolution that approves a code variation to have 60-foot-wide street right-of-ways in the Haller's Woods development. The city should approve this code variation because: 1. The variation will lessen the amount of grading and ground disturbance in the development. 2. The additional right-of-way is not necessary for public health, safety, welfare or convenience. Adopt the resolution that changes the zoning map from F (farm residence) to RE - 40 (residential estate 40,000). This rezoning is for the property proposed as Haller's Woods development east of Sterling Street, north of 1630 Sterling Street. The city bases this rezoning on the findings required by the code and because the developer wants to develop the site with large lot single dwellings. Approve flexible front and rear yard setbacks for the Haller's Woods development. The setbacks shall be as follows: Planning Commission -13- Minutes of 04-06-98 1. Front yard setback - minimum - 30 feet, maximum - 150 feet 2. Rear yard setback - minimum - 50 feet, maximum - none 3. Side yard setback - as the zoning code requires G. Adopt the resolution that approves having no parking on both sides of the streets in the Haller's Woods development (Hailer Lane and Hailer Court), east of Sterling Street. Commissioner Brueggeman seconded. Ayes--Brueggeman, Fischer, Pearson, Rossbach, Thompson Nays--Knoll, Ledvina The Planning Commission took no action on the alternate proposal. Commissioner Rossbach felt that the alternate development plan would not be an appropriate plan for this lot because it is laid out with the full right-of-way and the full width streets which would disturb more ground and take more trees in the process. All the houses are positioned with a standard setback off the street which would also work against conserving the topography and the vegetation that is already existing on the site. It does not do all the things, as far as conserving the site, that the first plat does. Commissioner Fischer added that there is a strong preference for the first one and, although, the second one is legally correct it is not as kind to the environment and the concerns of the neighborhood as the first proposal, which does require variances. Staff stated that this would go before the city council on April 22, 1998. C. Commercial Vehicle Parking and Storage Ordinance Amendment Ken Roberts, associate planner, presented the staff report. Mr. Roberts answered questions from the Commissioners. Commissioner Rossbach asked if it was correct that a person cannot have snowplows. Staff stated that you may have one as defined under Section 2, (1), of the ordinance, it says more than one light commercial vehicle. Commissioner Rossbach asked what the difference was between a one ton nominal and three quarter ton payload. Staff said nominal was what was currently found in the state statute so that is what they went with. Commissioner Rossbach asked if what the ordinance says then is that you can have a one ton truck provided it looks like a pickup truck but if you put a construction box on it you can no longer have a one ton truck. Staff answered that was the intent. Commissioner Rossbach asked that under Section 1, (4) if vans went with pickup trucks or were they separate. Staff said it was supposed to be a separate item. Commissioner Rossbach stated that according to the ordinance a one ton truck could have a snowplow on it if it looks like a regular pickup. Commissioner Fischer asked if trucks or vans used by people to sell popcorn, etc., were considered commercial vehicles or do they have to meet certain weight requirements. Staff said in the past they were considered commercial vehicles. Commissioner Thompson asked if, under Section 2 (1) b. of the ordinance, a person could park his vehicle on his driveway and take the second car and park it at curbside, but on the boulevard rather than on the street. Staff explained that we don't allow any boulevard parking but the person could park his commercial vehicle on the hard driveway and park the car in the grass on the middle or the side which can be done with the car now. Commissioner Rossbach, looking at the same paragraph, asked for an example of what an applicable zoning district requirement might be for parking a vehicle. Staff answered that in most residential districts they have to be at least five feet from the side property line. Commissioner Thompson asked if, under Section 2 (1) c. of the ordinance, about an ongoing problem at Menards idling engines, etc., would this be an avenue of relief for that individual and how would it be applied. Staff answered that it would not help because this is strictly for Planning Commission Minutes of 04-06-98 -14- commercial vehicles in residential areas. The only way to help in the Menards case or any case where there is commercial near residential would be to set conditions to the conditional use process if there is a conditional use permit. Commissioner Rossbach asked staff if the last sentence was needed on Section 2 (1) c. where it states that for the purpose of this section, idling shall mean running the vehicle engine for more than three (3) minutes. Staff said that they would take this last sentence out. Commissioner Rossbach moved the Planning Commission recommend adoption of the ordinance about the parking and storage of commercial vehicles with the change of eliminating the last sentence in Section 2 (1) c. Commissioner Pearson seconded. The motion passed. Ayes--all V. VISITOR PRESENTATIONS There were no visitor presentations. VI. COMMISSION PRESENTATIONS A. Ken Roberts, associate planner, reported on the March 9 Council Meeting. B. Commissioner Rossbach reported on the March 30 Council Meeting. C. Commissioner Ledvina will attend the April 13 Council Meeting. D. Commissioner Thompson will attend the April 22 Council Meeting. VII. STAFF PRESENTATIONS VIII. There were no staff presentations. ADJOURNMENT The meeting adjourned at 9:50 p.m.