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HomeMy WebLinkAbout[02] Minutes August 11, 2015 Page 1 of 4 Pursuant to due call and notice thereof the Joint Planning Board for the Township and City of St. Joseph met in special session on Tuesday, August 11, 2015 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair Rick Schultz. Members Jeff Janssen, Jerome Salzer, Steve Olson, Bob Loso, Chad Hausmann Brenda Stanger, Mark Thompson. Secretary of the Board Judy Weyrens. Others Present: Barb Ferrian, Bob Smith, Ralph Eiynck, Mike Nelson, Hal Undersander, Ann Reischl, Floyd &Tresa Ostendorf, Don &Aggie Steichen, Karen Salzer, Chris Hensel, City Engineer Randy Sabart. Cory Ehlert, Mike Koltes, Kevin Cox, Robert Smith, Mike Nelson Approve Minutes: Salzer made a motion to approve the minutes of May 12, 2015; seconded by Stanger and passed unanimously by those present. Robert Smith, Sunset Ridge: Weyrens stated Robert Smith had contacted the City and Township regarding property he purchased in Sunset Ridge. The property purchased was Lot 12 Block 1 and construction had begun on a second driveway with direct access to 320th Street. The developer's agreement identifies where accesses are to be located which was done for safety reasons. In discussions with Stearns County Environmental Services, it was noted the County had missed the requirements when the owner on Lot 1 constructed a home and driveway in the wrong location, directly across the street from Robert Smith. The current driveway on lot 1 is close to an easement for a future roadway and should not have been allowed to access 320th Street. Weyrens added the Board is being asked to allow the driveway access on 320th street for the accessory building on Smith's lot. The second issue presented was whether a home occupation exists on the property. Salzer stated he was unable to locate in the developer's agreement where it requires the access to be off of Cedar Ridge Road. Weyrens stated it is on page 7 of 40 in the agreement. The City Attorney had also looked at the agreement, noting that 7.0(a) enforces the requirement. Weyrens added the accesses to the home were put on Cedar Ridge Road to minimize the amount of traffic on 320th street and access points on 320th Street. Robert Smith, property owner. Smith approached the Board as the property owner of Lot 12 in Sunset Ridge. Smith stated that his shed will be used to store dump trucks in and he would rather use the 2nd driveway than use the same driveway he would use to go to his home. Smith added there already is dump truck traffic on 320th street and does not feel that traffic would be slowed by his utilization of the 2nd driveway. Smith added that his trucks are gone until the end of November and then the building becomes a storage building. Schultz asked if the extra driveway is needed if the trucks would not be using the access that often. Smith stated it would be easier and more convenient to have the second driveway. Salzer stated he has no issues with having the 2nd driveway as a direct access to 320th street as long as it is not an eyesore. Weyrens stated that the issues comes down to enforcement of a development agreement the Joint Planning Board negotiated. Other property owners have complied with the requirements and if the Board decides to allow the second access then it becomes a matter if the development agreement will be enforced to others or is it a case by case. As staff it becomes difficult enforcing an agreement if it is not know when to apply the terms. The Agreement was agreed to for all the lots of the development with the same rules applying to all land owners. Jenssen stated that because there was already a field access, he would be okay with deviating from the development agreement. Hausmann cautioned the board stating that they will need reasoning for the decision otherwise there is no limit to what can and will be approved going forward. Schultz added there would be no point in having a developer's agreement if the Board were to approve every exemption by the landowners. Schultz acknowledged the needs for exemptions, but questions if exemptions are needed if the developer's agreement is followed. Schultz stated he has no issues with the commercial use on the property, but has an issue with the location of the second driveway. August 11, 2015 Page 2 of 4 Thompson stated he is not in favor of the commercial use as businesses are not allowed in a residential area and the covenants of the development do not allow for commercial businesses. Thompson is concerned that the business may grow beyond what it is now. Weyrens stated the Board does not enforce covenants, but they do control zoning matters. The use as identified by Smith could be considered a commercial use and as such a conditional use permit would be required, needing a hearing before the Joint Planning Board. The issuance of a conditional use permit would allow the Joint Planning Board to place conditions or restrictions on commercial activity. A public hearing would also allow the neighboring property owners a chance to speak on the topic. Ann Reischl, 200 Hill St W. Reischl questioned how the Township will maintain access to the holding pond located near the second driveway as the terrain is difficult. The second driveway could be benefit to the City. City Engineer Sabart responded that access would come from the drainage utility easement and access can be obtained through the ditch. If work were to be done in the pond, it would not require a street vehicle, rather a backhoe or something similar that does manage varying topography; therefore the driveway would not have a benefit. Barb Ferrian: Ferrian, co-owner of the property, approached the Board stating she would be happy to keep the field access there while slightly improving it into a second driveway. It would allow easier access for the township to the holding pond. Sabart reiterated that maintenance of the holding pond does not require a driveway access. Salzer asked if the property owner could have a second gravel driveway off of Cedar Ridge Road so that the trucks do not have to drive on the concrete driveway. Olson stated he would rather have a main access to 320th Street for the dump trucks preventing them from driving in the residential subdivision. Hausmann stated that variances are for situations where people have run out of options. Hausmann added that in this case the driveway access off of 320th Street is not a necessity for access to the property. Smith stated that he would not have purchased the property if he had known he would not be able to have the second driveway. Salzer stated that it is their job as a Board to hold everyone to equal standards. General consensus of the Board denied the request for access off of 320th street, but allowing a second access for the property off of Cedar Ridge Road. Additionally the board thought the commercial use as is does not require a Conditional Use Permit. Public Hearing, River Ridge Estates— Preliminary Plat: Schultz opened the public hearing to which Weyrens stated the purpose of the hearing is to consider a 17 lot plat entitled "River Ridge Estates" submitted by CLC Partners, LLC. Sabart stated that feedback was received and comments were given from the Township Engineer as well as from the City's perspective. Sabart added he did not try to duplicate items brought forward by the Township Engineer. The 100 year floodway and flood plain boundaries are illustrated on the preliminary plat. In several instances, the principal structure pads are within only 50-70 feet of the flood plain boundary line and the individual onsite sewage treatment sites are even closer to the flood plain. Sabart stated the structures would need to be built at an elevation that would not be affected by the flood plain. Sabart added another concern relates to the utility easements. The Future utility Plan contemplates municipal sanitary sewer and water main being installed in a corridor either parallel with CR121 or along the proposed street centerlines. It is unknown if the extension of sanitary sewer and water would occur at the end of life cycle of the street, however, the provisions for utility easements are not adequate to avoid disturbing roadways, taking into consideration the size and depth of the trunk infrastructure that has been considered for the area. August 11, 2015 Page 3 of 4 As no one else wished to speak, Chair Schultz closed the public hearing for board discussion. Cory Ehlert, CLC Partners: Ehlert approached the Board to respond to the engineer's comments. Ehlert stated he does not have any of the updated diagrams but some of the concerns addressed were discussed at the rezoning hearing. Sabart stated the discussions were had but no updated diagrams were submitted with the preliminary plat. Sabart added that the easement issues can be worked out. Schultz stated that the issues need to be worked out between the Developer and the Engineer as they are issues the Board does not decide upon. Schultz questioned how close they are to agreeing on the preliminary plat and asked how many items that still need to be worked out including where the water and storm sewer are going to go. Schultz suggested tabling the discussion for 30 days in order for all the correct documentation to be submitted for proper review. Ehlert stated that in the past he has been successful in getting preliminary and final plat approval provided all the conditions are met. In this instance Ehlert suggested approving the preliminary plat with conditions that still need to be worked out. Once those are resolved, then it will be brought back for final plat approval. Janssen agreed with Ehlert that in most cases the preliminary and final plats are approved providing all the contingencies are met. Hausmann suggested approving the preliminary plat contingent upon the City Engineer working out any outstanding issues related to the plat. Ehlert stated that he has never been held to following the guidelines of the 500-year flood plan. Ehlert added that Stearns County has restrictions on building in and near the floodplain. There are certain elevations that need to be met in order to build. Ehlert stated they are not building on the 100-year flood plain and are not allowing any buildings to be built in the flood plain. There are many homes built in the flood plain and have flood insurance. Sabart noted another concern is the location of the drainage paths. Based on what was provided, overland flow includes drainage between and across lots. Drainage paths need to be located within drainage easements to allow for continued conveyance and maintenance access. Ehlert stated that the culverts are staggered so that not all the water will be draining through. The culverts will be elevated to slow down the pooling of water. Mike Nelson, Minnesota Engineering: Nelson approached the Board to discuss the drainage issue in question. Nelson stated that when developing areas that are closer to wetlands, even storms that rain 1 inch are taken into account. Hausmann moved to approve the Preliminary Plat entitled "River Ridge Estates", contingent upon the City Engineer and City Staff working with the Developer to resolve any outstanding conditions. The motion was seconded by Salzer. Loso asked if there were any other outstanding issues besides the drainage and lot elevation. Sabart stated there are and suggested amending the motion to include those concerns brought forth by the Township Engineer as well. Loso moved to amend the previous motion to include the concerns provided by Stearns County,and the Township Engineer in addition to those of the City Engineer. The motion was seconded by Salzer and passed unanimously by those present. Ehlert stated he appreciates the opportunity to be able to come back to the Board for final approval. Thompson asked if future land owners will be made aware of the flood plain prior to purchase. Ehlert felt it would be a reasonable request to inform those wanting to purchase the lots. Sabart wanted to clarify that the developer is compliant with the lot elevation requirements and that discussion of the 500-year flood plan is only to raise awareness. August 11, 2015 Page 4 of 4 Weyrens stated that after the preliminary plat is approved, a developer's agreement is created to include detailed items such as roads. Other Matters: None. Adjourn: As there was no further business, Schultz adjourned the meeting at 8:30 Rick Schultz Judy Weyrens Joint Board Chair Joint Board Secretary