HomeMy WebLinkAbout1998 [04] Apr 06
Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in
regular session on Monday, April 6, 1998 at 7:00 p.m. in the St. Joseph City Hall.
Members Present: Chair Hub Klein. Commissioners Marge Lesnick, Kurt Schneider, Jim Graeve.
Council Liaison Cory Ehlert. Deputy Clerk Judy Weyrens.
Others Present: Fred Reber, Jane Reber, Kevin Schirmers, IJvin Klocker, Rick Heid, Gary Hettemes,
Melvin Ruegemer, Aurelia Ruegemer, Dan Pueringer, Bob Wahlstrom, Ellen Wahlstrom, Ron Kostreba,
Margie Kalla, AI Kalla, Brian Orcutt, Ben Poepping, Bob Herges.
Preliminarv Plat - Pond View 5. Rick Heid and Bob HerQes: Chair Klein opened the hearing at 7:05
p.m. and stated the purpose of the hearing is to consider a preliminary plat for Pond View Ridge Five.
The proposed subdivision contains 39 single family dwelling lots on approximately 17 acres. The
property is legally described as follows:
Part of the West Half 0N Y2) of Section Eleven (11), Township One Hundred Twenty-four (124) North, Range Twenty-
nine (29) West, Stearns County, Minnesota, described as follows:
Commencing at the Southwest corner of Section 11, Township 124 North, Range 29 West; thence North 01 degrees
49 minutes 36 seconds East, (assumed Bearing) on the West line there of 1,500.79 feet for a point of beginning;
thence continue North 01 degree 49 minutes 36 seconds East on said West line 657.49 feet; thence North 87
degrees 09 minutes East a distance of 203.90 feet; thence North 02 degrees 51 minutes West 264.0 feet to the
centerline of Old State Highway Number 52; thence North 87 degrees 09 minutes East on said centerline 66.0 feet;
thence South 02 degrees 51 minutes East a distance of 205.0 feet to a point on the South boundary line of Moh's
Addition extended; thence North 87 degrees 09 minutes East on the South boundary line of said addition and said
boundary line extended a distance of 697.0 feet; thence North 02 degrees 51 minutes West a distance of 125.74 feet
to a point on the Southwesterly right-of-way line of the proposed State Trunk Highway Number 52; thence
Southeasterly on said right-of-way which is a curve to the right, for a distance of 353.2 feet to the West right-of-way
line of a public road; thence South 01 degrees 08 minutes West on said right-of-way line to the aforementioned South
boundary line of Moh's Addition extended; thence South 87 degrees 09 minutes West on said extended South
boundary line 176.14 feet; thence South 01 degrees 08 minutes West a distance of 304.41 feet; thence East 208.72
feet to the centerline of said public road; thence South 01 degrees 08 minutes West on said centerline 66.0 feet;
thence West 208.72 feet; thence South 01 degrees 08 minutes West a distance of 401.34 feet to a line drawn due
East and West through the point of beginning; thence West on said line 1,118.08 feet to said point of beginning;
subject to a road right-of-way over the most Northerly 33 feet and the most Easterly 33 feet thereof.
Part of the Northwest Quarter of the Southwest Quarter (tNV Y4 SW X) of Section 11, Township 124 North, Range 29
West, Stearns County, Minnesota, described as follows: Commencing at the Southeasterly corner of Moh's Addition
according to the plat thereof which is on file and of record in the Office of the Register of Deeds in and for Stearns
County; thence North 87 degrees 09 minutes East (assumed bearing) along the Southerly boundary line of said
Moh's Addition extended, a distance of 100.00 feet; thence North 02 degrees 51 minutes West a distance of 125.74
feet to a point on the Southwesterly right-of-way line of proposed State Trunk Highway Number 52 for a point of
beginning; thence continue North 02 degrees 51 minutes West a distance of 79.26 feet to the centerline of Old State
Highway Number 52; thence North 87 degrees 09 minutes East on said centerline a distance of 373.30 feet to its
intersection with the centerline of a public road; thence South 01 degrees 08 minutes West along said centerline a
distance of 205.50 feet; thence South 87 degrees 09 minutes West a distance of 33.08 feet to the West right-of-way
line of said public road; thence North 01 degrees 08 minutes East on said right-of-way line a distance 8.94 feet to
said Southwesterly right-of-way line of proposed State Highway Number 52; thence Northwesterly on said right-of-
way line, which is a curve to the left for a distance of 353.20 feet to the point of beginning. Subject to road right-of-
way over most Northerly 33 feet and most Easterly 33 feet thereof. References in the foregoing description to
proposed State Trunk Highway Number 52 are understood to mean the proposed route of Interstate Highway 1-94
and Trunk Highway Number 52 as proposed prior to 1970, and since abandoned no proceedings having been
instituted for the acquisition of such right-of-way.
Less and except:
That part of the Northwest Quarter of the Southwest Quarter (NW Y4 of SW Y4) of Section Eleven (11), Township One
Hundred-four (124), Range Twenty-nine (29), Stearns County, Minnesota described as foflows: Commencing at the
southwest corner of said Section Eleven (11); thence North 1 degree, 49 minutes, and 36 seconds East along the
west line of the Southwest Quarter (SW~) of said Section Eleven (11) for 2,158.58 feet; thence North 87 degrees
April 6, 1998 Page 1 of 5
and 9 minutes East for 203.90 feet; thence North 2 degrees and 51 minutes West for 59.38 feet tot he westerly
extension of the south line of Moh's Addition according to the plat thereof on file and of record in the Office of the
Register of Deeds in and for Stearns County, Minnesota; thence North 87 degrees 09 minutes and 19 seconds East
along said south line of Moh's Addition and along the westerly and easter1y extensions thereof for 928.78 feet to the
point of beginning of the land to be described; thence North 2 degrees 50 minutes and 41 seconds West for 205.00
feet to the èenter line of County Road Number 134 (also known as Old Highway Number 52); thence North 87
degrees, 09 minutes and 19 seconds East along said center line for 207.16 feet to the center line of a Township
Road; thence South 1 degree, 08 minutes and 23 seconds West along said center line of said Township Road for
205.50 feet to the extension of said south line of Moh's Addition; thence Söuth87 degrees, 09 minutes and 19
seconds West for 192.88 feet to the point of beginning.
The proposed plat has beertsubmitted by Rick Heid, 22825 Fleetwood Drive, St. Cloud MN 56301 .
Weyrens claJified that Heid and Herges have changed the design of the original plat presented in 1991.
St. Joseph Code of Ordinances requires a public hearing if any changes are made to the original plat.
Heid stated that the design of the plat has been changed to add five (5) lots. While the sketch plan
presented at this hearing contains two lots which do not meet the minimum lot requirements, they will be
changed before presentation to the City Council.
Kevin Schirmers, 30355 - 91st Avenue, questioned the type of housing that will be constructed in certain
areas.
Heid responded that Pond View Five (5) will be a mix of patio homes and traditional homes. The patio
homes are intended to provide a buffer on 12th Avenue SE. All the homes constructed in phase five will
meet the covenant requirements of a minimum floor area of 1100 square feet.
Gary Heltemes, 30309 - 90th Avenue questioned at what point street lights are installed in new developments.
Heidresponded that street lights are the responsibility of the City.
Jane Reber, 1314 East Minnesota Street, stated that along the northern edge of the proposed· plat is a twenty foot
easement that adjoining property owners have been using to access the rear of their properties. Reber questioned
who owns and maintains this easement and ifthe adjoining property owners will be allowed access to such.
Heid responded that ten feet of the easement belongs to property he owns and the remaining ten feet
belong to the adjoining property owners. This easement is a recorded utility easement and does not
provide for roadway. After Pond View Five is developed, the easement will be privately owned by the home
owner whose lot includes the easement, just as the adjoining property owners privately own the property
with the easement.
Irvin Klocker, 1404 East Minnesota street, questioned why property owners will not be allowed to continue to use the
property since they have been using it for over 40 years. He questioned how a grandfather status would apply.
Weyrens responded that the easement is a recorded document filed on the property owners deeds. The
City used this easement to place water and sewer lines as did other utility companies. The easement area
cannot be built upon or fenced over. Heid further stated that he owns the property and that easement area
has been configured into the lot sizes. If the easement were excluded, some of the Jots may not meet the
minimum requirments.
Ronald Kostreba, 1007 Able Street East, questioned the status of 12th Avenue SE and discussion he has had with the
City regarding such.
Weyrens responded that the City Engineer has completed drafting the legal description and is working with
the City Attorney to prepare the necessary paperwork for Kostreba to sign.
Ehlert responded that the City Council has discussed and listened to public comments with regard to the
extension of 12th AvenueSE. stearns County is requiring that when County Road 133 is realigned, 12th
Avenue be extended. The County is in the process of updating the transportation plan and had indicated
that 12th Avenue SE is needed to help move traffic out of Pond View Ridge and there is a need to move
traffic to County Road 75 quicker. Further, when County Road 133 is realigned, the existing crossing used
by Scherer Trucking will need to be relocated and 12th Avenue SE is a logical choice.
Ehlert also discussed the ramifications ifthe City does not abide by County regulations. When East
Minnesota Street was reconstructed a large portion of the funding came from stearns County because MN
Street is a County Road. MN street was designed and built for large volumes and weights of traffic. If the
City would restrict traffic we could be required to reimburse the County for the funds based on an amortized
April 6, 1998 Page2 of 5
life (use) schedule. Ehlert further clarified that the City relies on the expertise and financial assistance of
both the St. Cloud Area Partnership Organization and Stearns County.
Ellen Wahlstrom stated that she attended the open house conducted by Steams County where the
County Comprehensive Plan was displayed. It is Wahlstrom's understandin~ that the Steams County
Comprehensive Plan has changed the design of the southerly extension of 12 h Avenue. Therefore, is it
necessary to build 12'h Avenue as a major roadway.
Herges and Heid stated that when the original plat was presented in 1991 the City required a roadway
easement of 80 feet to be used for 12th Avenue SE with sidewalk on one side. Therefore, a portion of the
development already has 12th Avenue built with a 80 foot right of way. It is too late to change the
configuration as the road widths would vary throughout the development. Heid suggested rather than to
change the road configuration, a bicycle lane be constructed adjacent to 12th Avenue SE.
Kevin Schinners, 30355 - 915t Avenue, questioned if the holding pond would be sufficient.
Hied responded that the City Engineer has indicated that the holding pond will need to be doubled. To
accommodate this the existing pond will be excavated south. Heid questioned the need for doubling the
pond and he would like to see that downsized if possible.
Ellen Wahsltrom questioned if the pond extension would be seeded with prairte grass as is the original
part of the pond.
Herges indicated that he would be willing to accommodate this request.
Ehlert questioned Herges and Heid as to why they chose not to develop Pond View Five as a PURD as
they had previously discussed with the Planning Commission.
Herges responded that because the roads are already built it would have been difficult to redesign the
project and a PURD development requires additional work that they did not wish to deal with. Further, they
did not feel the property owners in Pond View would be receptive to smaller lots.
Brian Orcutt, 128 - 13th Avenue SE, question the size of the lots proposed in Pond View Five and if they
will meet the convents of the development.
Heid responded that the lots will be slightly smaller than the original plat and all the homes will meet the
minimum floor requirement of 1,100 square feet.
Orcutt stated that the covenants he received when he built in Pond View Two indicates the minimum fJoor
area was 1,200 square feet. He further questioned how the covenants could be changed without
notification to the property owners. Heid responded that the covenants where changed after the first
development phase.
The public present discussed concerns with the contractor building patio homes in Pond View Four. All
the existing patio homes appear to be the same design. Those present encouraged the Planning
Commission to prohibit the construction of patio homes of similar design on adjoining property.
Herges responded that the contractor being discussed currently has three house plans and they will ask the
contractor to change the front elevation on adjoining property.
The Planning Commission discussed including a contingency in approving the plat that no more than two
similar home designs can be contiguous. Heid stated that he would not readily agree to such a provision,
as it would have a direct impact on bi-Ievel homes. He clartfied that they would encourage the builders of
patio homes to chan~e the front elevations. The Commission questioned if all the patio homes would be
constructed along 12 h Avenue SE or if they would be mixed within the development.
Heid stated that the market will dictate where and what types of homes will be built. Conceptually they feel
that patio homes will be built along 12th Avenue but will allow them to built on any lot in the plat. Heid also
encouraged the Planning Commission to not judge patio or town homes as they can be built as nice as any
traditional home.
Schneider reminded the Planning Commission that patio homes can include more than one living level
and the homes currently built in Pond View are Califomia Ramblers. Ben Poepping stated that it is his
opinion that the patio homes constructed in Pond View Ridge should not have been allowed.
April 6, 1998 Page 3 of 5
Weyrens informed the Commission that the Mayor reviewed the preliminary plat and would like the
developers to considering redesigning the plat to eliminate the cul-de-sac and replace it with a circle
drive. The Mayor indicated that cul-de-sacs are difficult to maintain, especially with snow removal and
are more costly to a City.
Graeve stated that it is his opinion that cul-de-sacs provide a "quality of life" people are looking for and it
should remain in the plat. Commissioners present concurred.
Heid and Herges stated that people look to purchase lots along cul-de-sacs and they do not wish to remove
it. Further, in removing the cukfe-sac will loose two additional lots.
Wahlstrom questioned if the Public Works Director Dick Taufen had an opportunity to review the plat and
if so what were his comments.
Weyrens stated that Taufeo noted the road labeled East Able Drive needs to be corrected to East Able
Street until the bend in the road at which point it needs to be corrected to 13th Avenue SE.
As far as the cul-de-sac, Taufen stated that he does not like cul-de-sacs and encourages alternatives to
such. However, he also realizes that cul-de-sacs-are popular areas to live on, and will work with them if left
in the plat.
Kevin Schirmers stated that he feels the Pond View Ridge Addition is an asset to St. Joseph and the
developers should continue developing as they have been and to encourage builders to rotate house
designs.
Heid and Herges were questioned as to why when they are ready to develop a parcel of land the property
is stripped of all the trees. Heid responded that the utility companies dictate which trees are to be
removed. For development purposes, the property is more marketable with trees.
Heid stated that the hearing at this time is for preliminary plat approval only. The design work and final
layouts will be completed once preliminary plat approval is granted. It is costly to prepare the design work
and he and Herges do not wish to redesign the plat if the City Council does not approve the preliminary
plat. The ~ity will have a second opportunity to review the plat at the time of submitting the final plat.
There being no additional public comments, Klein closed the hearing at 8:30 p.m.
Ehlert made a motion to recommend the City Council approve the preliminary plat of Pond View .Five and
Resolution of Findings; seconded by lesnick and passed unanimously by those present.
R£SOW1'lOH01= FINDINGS
The request of Rick Heid and Bob Herges for a Preliminary Plat request for Pond View Ridge Five
came before the Planning Commission at a public hearing held on April 6, 1998. The purpose of the
hearing was to consider a preliminary plat for Pond Væw Ridge Five to allow for the construction of 41
homes on approximately 17 acres. The proposed subdivision is zoned R-1 Single Family. Notice of
this matter was duly served and published.
Approval is based on the following contingencies:
1. Review and approval <>fthe CRY Engineer, to include but not limited to the following:
a. Satisfaction that all lots meet the minimum square footage requirement
b. The size of the drainage pond is reviewed to determined if the pond needs to be doubled.
c. Current status of 1 ih Avenue and correspondence as to the best interest of the City for
the construction and development of 1ih Avenue.
d. Satisfaction of the design standards as required by St. Joseph Code of Ordinances.
2. Correction of the Street names as noted by the Public Works Director.
April 6, 1998 Page 4 of 5
3. Review by the City Attorney and an opinion if the developers agreement can contain
language that would prevent patio homes of an identical design to be constructed on
contiguous lots.
Weyrens infonned those present that if the developers met the agenda deadline of Friday, April 1 0, 1998
this matter will be placed on the April 16, 1998 City Council agenda.
Approval of Minutes: Ehlert made a motion to approve the minutes of March 16, 1998 as presented;
seconded by Lesnick and passed unanimously by those present.
Council Liaison Reports: Ehlert reported the City Council authorized the Commission to attend the
Planning Seminar in April and encouraged the new members to attend. Those present requested to be
registered for the April 18, 1998 conference, Planning - The Basics. Kalinowski and Sniezek will attend
beyond the Planning - Beyond the Basics.
Announcement Items:
. The next meeting of the Planning Commission will be April 28, 1998 at 7:00 p.m.
. Graeve presented a draft Wetlands Ordinance as prepared by Ellen Wahlstrom.
Adiourn: Graeve made a motion to adjourn at 8:50 p.m.; seconded by Lesnick and passed unanimously
by those present.
n
CY;ci'¡ C~UL£S
. Judy Weyrens
Deputy Clerk
April 6, 1998 Page 5 of 5