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Planning Commission Minutes 12-02-1998 . . . MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, December 1,1998 -7 p.m. Members Present: Richard Carlson, Rod Dragsten, Dick Frie, Roy Popilek and Robbie Smith. Also Present: Council Liaison Clint Herbst Absent: None 2. Consideration of approval of minutes of regular meeting held November 2. 1998. MOTION WAS MADE BY ROD DRAGSTEN AND SECONDED BY ROBBIE SMITH TO APPROVE THE MINUTES OF THE NOVEMBER 2, 1998 REGULAR MEETING. Motion carried unanimously. 3. Consideration of adding items to the a12:enda. The following items were added to the agenda: 7a: Planning Commission Liaison to MCP; 7b: Update on the West Bridge Park concept plan; and 8. Lighting at entrance to Par West. 4. Citizen comments. There were no citizen comments. 5. Consideration of a request for an amendment to a Conditional Use Permit CPUD) within the PZM 20nin12: District and a variance to front yard setback from 30 feet to zero feet to allow a PUD Site Plan revision. Applicant: Monticello-Big Lake Community Hospital District. Steve Grittman presented the staff report on the proposed amendment to the PUD. The original PUD required the vacation of Hart Boulevard from the eastern boundary of the Hospital campus to Hart Boulevard's intersection with County Road 75 on the west. In lieu of getting all parties to agree to access casements instead of frontage on a public street, the hospital was requested to provide indemnification to the City. While the parties involved were trying to meet these conditions, the hospital was allowed to work on construction of their improvements. It now appears that the hospital will not be able to meet the original conditions set forth by the City. The Monticello-Big Lake Community Hospital District is requesting approval of an amendment to their PUD which would allow them to change the street vacation of Hart Boulevard so that Ilart Boulevard from the Hospital entrance to the Dental Clinic would remain public right-or-way. The -1- , Planning Commission Minutes - 12/1/98 Hospital was also requesting that the proposed entrance to County Road 75 be dedicated public right-of-way. The construction of the hospital improvements included a canopy which would have complied with setback requirements had Hart Boulevard been vacated as was originally intended. However with Hart Boulevard remaining as public right-of-way in this area the canopy now encroaches into the front yard setback. The Hospital is requesting a variance of the 30 foot front yard setback to allow the entrance canopy to extend to the lot line. Stevc Grittman advised the board to consider whether denying a variance in this case would deny the property owner a right given to other property owners. If the Planning Commission grants the variance it should be noted in the findings of fact that this project has not changed its physical nature and also that there was some precedent in this area for setback variances. Ifthc Planning Commission approved the variance request, the staff would recommend approval of the amendment to the PUD. The PUD amendment would not change the physical design of the project. The only difference would be that the helipad area would be in the public right-of-way. Ifthe PUD amendment is not approved the earlier PUD which required the vacation of Hart Boulevard and indemnification to the City would be in effect. . Chairman Frie opened the public hearing. Barb Schwientek and Steve Munstenteiger, attorney for the hospital were present to explain the hospital's request. Barb Schwientek stated that while the hospital had attempted to comply with the conditions set forth by thc City, the hospital felt that this proposal was the best way to resolve the problem without incurring additional costs to the City or to the hospital district. Mr. Munstenteiger addcd that complications arise during the course of construction that are not anticipated and he hoped that the Planning Commission would understand the hardship this situation posed for the hospital. To leave the public right-of-way in front of the dental office was a reasonable solution since the dental clinic was reluctant to work on an alternate solution to the problem. . Fred Patch noted that there may be some long term effect if the Planning Commission approves the variance and suggested that a possible contingency could be included. The contingency would be that if and when the hospital would acquire the dental clinic site, they would be required to purchase the remaining public right-of-way of Hart Boulevard. It was suggested that this condition be attached to both the variance request and PUD amendment. Chairman Frie asked if it was the intent of the hospital district to purchase the clinic site. Barb Schwientek replied that while the hospital would be interested in the land and buildings they were not interested in operating the business. If this acquisition would take place it would not occur until a later phase in the hospital dcvelopment. Phasc I of developmcnt would be completed in mid summer or early fall of 1999. Chairman Frie then closed the public hearing. -2- . Plmming Commission Minutes - 12/1/98 Since the helipad area would be in the public right-of-way, Robbie Smith asked about the frcquency of its use. Barb Schwicntek replied that the helipad was not used frequently and since it is the safety zone around the helipad that would be in the right-of-way area the hospital didn't feel it would interfere with the use of the public right-of-way. Therc was discussion on the access to the dental clinic, the number of accesses the County would allow onto County Road 75 and proposed plans for improvements to County Road 75. Richard Carlson questioned how the vacation of the balance of Hart Boulevard would impact thc Dental Clinic and whether a perception of a change in access because of the street vacation could generate any legal implications that the City need to be concerned with. Steve Grittman responded that the location of Hart Boulevard was a City decision. Roy Popilek asked how long the hospital knew about the problem and yet allowed constmction to continue. Barb Schwientek stated that the hospital didn't recognize they had a problem until the canopy was constmcted. She also noted that since it is the state and not the city that reviews the building plan, the state would not catch an item like a setback problem. Roy Popilek stated that he felt like the Plmming Commission was being forced to approve the variance and he was not comfortable with that. . Steve Munstenteiger stated he felt it would be an invitation to lawsuits if the hospital indemnified the City and the better alternative was to leave the right-of-way for the dental clinic as it is. Chairman Frie asked ifthe hospital was set on the entrance being located where the canopy is. Barb Schwintek responded that the location of the entrance was set up to align with the school cntrance with the possibility of lights cvcntually being located at that area. . MOTION WAS MADE BY ROBBIE SMITH AND SECONDED BY DICK FRYE TO RECOMMEND APPROVAL OF THE PUD AMENDMENT ALTERING THE PLAN FOR V ACA nON AND STREET DEDICATION ON THE HOSPITAL CAMPUS, SUBJECT TO THE APPROVAL OF A SETBACK VARIANCE FOR THE ENTRANCE CANOPY, SUBJECT TO A MAINTENANCE AGREEMENT AND INDEMNIFICA TION FOR DESIGN AND MAINTENANCE OF THE REMAINING RIGHT-OF-WAY, AND SUBJECT TO IF AND WHEN THE HOSPITAL SHOULD ACQUIRE THE DENTAL CLINIC SITE, AND PRIOR TO THE REDEVELOPMENT OF TIlE DENTAL CLINIC SITE, THE HOSPITAL MUST PETITION FOR THE V ACATION OF AND PURCHASE THE PUBLIC RIGHT OF WAY OF HART BOULEVARD EXTENDING FROM THE HOSPITAL ENTRANCE TO THE FURTHEST WESTERL Y PROPERTY BOUNDARY OF THE DENTAL CLINIC PROPERTY. THIS IS BASED ON A FINDING THAT THE PHYSICAL AND OPERATIONAL CHARACTERISTICS OF THE HOSPITAL PUD DO NOT CHANGE -3- . . . Planning Commission Minutes - I 2/1 /98 UNDER TIlE REVISED PUD. 'fI-flS MOTION ALSO INCLUDES PREVIOUS PUD APPROV AL CONDITIONS INCLUDING THE OPTION FOR THE HOSPITAL TO CONTINUE TO PURSUE WRITTEN DENTAL CLINIC APPROVAL OR INDEMNIFICATION. Motion carried unanimously. MOTION WAS MADE BY ROBBIE SMITH AND SECONDED BY ROD DRAGSTEN TO RECOMMEND APPROVAL OF THE VARIANCE TO THE FRONT YARD SETBACK REQUIREMENTS FROM 30 FEET TO ZERO FEET, SUBJECT TO THE CITY COUNCIL'S APPROVAL OF THE PUD AMENDMENT, AND SUBJECT TO THE HOSPITAL PURCHASING THE PUBLIC RIGHT OF WAY OF HART BOULEVARD FROM THE HOSPITAL ENTRANCE '1'0 'fHE DENTAL CLINIC PROPERTY IF THE HOSPITAL SHOULD ACQUIRE THE DENTAL CLINIC PROPERTY AND SUBJECT TO A PROPERTY SURVEY. THIS IS BASED ON THE FINDING THAT THE VARIANCE DOES NOT ALTER THE ULTIMATE DESIGN OF THE PROJECT AND THAT THERE IS PRECEDENT IN THE HOSPITAL CAMPUS AREA FOR SIMILAR SETBACK CONSIDERATIONS. Motion carried unanimously. 6. Public Hearin~ - Consideration of Preliminarv Plat for an 80 lot residential subdivision known as Rolling Woods and Rezoning from A-O (Agricultural Open Space) to R-I (Single Familv Residential). Applicmlt: G.P. Land Corporation. Steve Grittman presented the staff report pointing out that the 40 acre parcel is connected with the Wildwood Ridge development to the north. Troy Marquette Drive will provide access into the Rolling Woods development. Since a portion ofthe development area is wooded the City was looking at preservation ofthe trees and had suggested the option of having Deer Street end in a cul-de-sac in the approximate area of Lot 7, Block I. Park dedication, drainage, and the location of pathways and sidewalks were also covcred in the staff report. Chairman Frie opened the public hearing. Pat Simondet questioned whether Garrison A venuc was proposed to be eliminated. He noted that the road has been at times closed off during construction of the Wildwood Ridge development and is in a deteriorated condition becausc of the work being done in the development. He also asked why he had not received notice of any public hearings even though he is adjacent to the project areas. Ted Holker also spoke on the condition of the road and informed the Planning Commission that the Township had sent a letter to the City addrcssing the maintenance of Garrison Avenue. Mr. Holker also questioned why the township roads and cartways were not incorporated into the developments. The staff indicatcd that the City was trying to eliminate situations where there were shared roadways. Questions were raised on the design of the roads, volume of traffic on the roads and the location of arterial roads. Mr. -4- . Planning Commission Minutes - 12/1/98 Holkcr stated that the county is looking to improve County Road 118 in the spring of 1999. Tcd Holker asked to see some elevations so he could determine how the drainage would run. Jon Bogart, engineer for the developer, explained the drainage plan for the proposed development. Drainage will be through a 15" pipe to the north thus bypassing County Ditch #33. The wetland mitigation will be reviewed by the LGU. Ted Holker noted that the cartway runs through this area and asked if the developer was aware of that. Jon Bogart indicated that a diversion would be in place that would separate the runoff flows from the proposed development. Chairman Frie then closed the public hearing. Fred Patch pointed out that the proposed Lots 1-7, Block 4 are double fronting lots with frontage on both Garrison Avenue and Troy Marquette Drive. It was suggested that it be madc a condition of plat approval that the lots have drivcway access only on Troy Marquette Drive. Mark Woolston, the developer, indicated that the Bakkens residenee which is currently situated on Lots 1 and 2 would like to have Garrison A venue as their street acccss. Rod Dragsten asked whether it could be noted in the title work that these lots would not have access to Garrison Avenue. Mark Woolston indicated that there will be covenants for the development. Chairman Frie thcn closed the public hearing. . Rod Dragstcn asked why sidewalk was included as part of the development rather than a bike path. Steve Grittman replied that the pathway plan didn't include anything in this area. The Planning Commission also addressed concerns about having just one main access into thc development. The developer was asked for his reaction to the suggestion of having Deer Street end in a cul-de-sac in order to preserve some ofthe trees. Mark Woolston responded that the cul-de-sac would actually rcquire more area. The street loop would take out less trees which the developer thought would be preferable. Chairman Frie noted that the proposed Rolling Woods development and the Wildwood Ridge development appear to complement each other and that some of the infrastructure costs, such as the booster pump for the water tower, could be shared by the developers. . MOTION WAS MADE BY ROBBIE SMITH AND SECONDED BY ROD DRAGS TEN TO RECOMMEND APPROVAL OF THE ROLLING WOODS PRELIMINARY PLAT WITH THE CONDITION THAT ALL LOTS WITH THE EXCEPTION OF THE BAKKEN HOMESITE HAVE VEHICULAR AND DRIVEWAY ACCESS ONLY OFF OF TROY MARQUETTE DRIVE, WITH SOME TYPE OF BERM OR OTHER APPROVED PERMANENT LANDSCAPING BEING UTILIZED TO PROHIBIT VEHICULAR AND DRIVEWAY ACCESS TO GARRISON AVENUE, AND THAT APPROVAL OF THE CITY ENGINEER IS NEEDED ON ALL ENGINEERING, GRADING AND RELATED ITEMS. Motion carried unanimously. -5- . . . Planning Commission Minutes - 12/1 /98 MOTION WAS MADE BY ROD DRAGSTEN AND SECONDED BY RICIIARD CARLSON TO RECOMMEND APPROVAL OF A REZONING REQUES'r FROM 111E A-O DISTRICT TO THE R-I DISTRICT SUBJECT TO ANNEXATION AND FINAL PLAT APPROVAL. THIS IS BASED ON THE FINDING TI-IAT THE PROPOSED LAND USE MEETS THE CITY'S COMPREI-IENSIVE PLAN AND THE ORDERL Y ANNEXATION AREA LAND USE PLAN. Motion carried unanimously. 7a. Planning Commission Liaison to MCP (Monticello Community Partners). Rod Dragsten who has been acting as liaison to the MCP indicated that he would be giving that up at the end of his term. After discussion of the position and what it entails it was determined that Roy Popilek will serve as liaison to the MCP. 7b. Update on West Bridge Park Rod Dragsten informed the Planning Commission that a concept design for the West Bridge Park was going to be presented to the HRA at their next meeting. It was suggested that the Planning Commission review this design if they have an opportunity. 8. Par West Addition Chairman Frie expressed his concern about the potential danger at the entrance into the Par West Addition. Inadequate lighting obscures the entrance to the addition. The fact that there is a pedestrian walkway near the entrance further compounds the problem since any pedestrians in the area cannot be readily seen by motorists because of the poor lighting. A number of residents had registered complaints with Chairman Frie about this situation. Fred Patch indicated that street lights are generally installed based on safety concerns and also at the request of the public. This area will be looked at by the staff and a recommendation will be made as to what is needed. MOTION WAS MADE BY ROBBIE SMITH AND SECONDED BY ROY POPILEK AT 9:15 P.M. TO ADJOURN THE MEETING. Motion carried unanimously. C:) (^--~\..'-y, \.../~~./\.AJ ss v y'.u, \!/'-- Recording Secretary :'S -6-