A regular meeting/public hearing of the Planning Commission of Alexandria Township was held on the 28th day of April, 2008 at the Alexandria Township Conference Room, 610 Fillmore Street.
Roll Call: Commission members present were John Knowles, Julie Feuling, Russ Niskanen, Larry Steidl and Lyle Hammerschmidt. Also present was Bonnie Fulghum, Deputy Clerk, Jeff Kuhn, Township Engineer and Ryan Leister, acting Township Zoning Administrator. As said members formed a quorum and the meeting was called to order by Chairman Knowles at 6:30 p.m.
Agenda: Feuling, seconded by Steidl, made a motion to approve the agenda as presented. Motion carried unanimously.
Minutes: Hammerschmidt, seconded by Niskanen, made a motion to approve the minutes of the 2/19/08 site visit as written. Motion carried unanimously.
Niskanen, seconded by Steidl, made a motion to approve the minutes of the 3/18/08 site visit with corrections: Under No. 3, “Site Visits”, Prelimary Plat of LeHomme Dieu Estates Townhomes, change verbage from” applicant was not on site” to “applicant was on site”. Also under Preliminary Plat of Eastgate, change verbage from “…questions whether stormwater flow would change after the ponds were constructed” to “…pond was constructed.” Motion carried unanimously.
Hammerschmidt, seconded by Feuling, made a motion to approve the minutes of the 3/24/08 commission meeting as written. Motion carried unanimously.
The meeting was recessed to open the public hearing.
Public Hearing: The first item on the agenda was the preliminary plat and conditional use permit for Lakecrest Townhomes. Applicant Robert Bugher and his surveyor, Mike Nyberg of Nyberg Surveying, were present. Chairman Knowles mentioned the changes that had taken place on this plat since it was tabled; i.e. the name change from LeHomme Dieu Estates Townhomes to Lakecrest Townhomes and the total number of units within the PUD, increasing from 8 units to 9 units.
Mr. Bugher stated that to address the driveway concern; i.e. cars backing out into the Lakecrest Road/Pinewood Lane intersection, they flip-flopped the single unit, moving it from the north end to the south end. Now that the plat is considered a multi-family PUD rather than a single-family PUD, less open space is required. Mr. Nyberg indicated that only 25% open space is required by ordinance; however, the plat calls for 40% open space.
The commission inquired as to the servicing of water. The applicant stated that there will be two wells, each well able to service four units.
Engineer Kuhn stated that he has not reviewed new calculations with the additional 9th unit; however, he felt there will be enough room with regard to the stormwater pond. He also wants to ensure that those final calculations are addressed as a condition of the final plat. Mr. Nyberg said that the first set of calculations were for 25% impervious and stated that even with the 9th unit, it falls below that percentage. With regard to the drainage easement to the pond, Engineer Kuhn wants the pond easement area to encompass the contour to the pond area. Based off the contours in the initial plat, he also desires a drainage easement from that area back to the right-of-way to encompass the two pipes, thus providing access to the township.
Chairman Knowles then opened the meeting to the public for comment. He recognized Joe Nicholson, 3021 Pinewood Lane. Mr. Nicholson stated that he was hoping the commission would consider the adjacent homeowners. The townhomes will be considerably smaller than the single-family residences in the area. A comment was made that the original plat did not include these lots.
Kristi Langenfeld, 3383 Lakecrest Road, wanted to know if the applicant had any intention of renting out the townhomes if he was unable to sell them. Mr. Bugher plans to build a twin unit, one at a time, and build no more until those are sold.
John Smith, 3056 Pinewood Lane, had concerns regarding parking, specifically along the road and the shoulders. He also stated that he had purchased his house as a single-family dwelling, not multi-family.
Ms. Langenfeld commented that the road has no shoulders, that the road is “busy” and that traffic is likely to increase with the new plat “Gavins Point” to the north of this area. She wondered how this increase in traffic will be controlled.
Jay Paulson, 316 N. Nokomis, stated that he owns property in this area, and in particular has a vacant lot directly across the street and to the west. He felt that the townhomes would enhance the appearance of the area and stated his support for the project.
Joe Nicholson asked what could be done from a commission standpoint.
Mr. Bugher stated that he would have no problem having landscaping as a condition of approval.
Engineer Kuhn addressed the public safety aspect. He said that it meets residential standards and that the township will put up advisory signs. He stated that the township’s policy regarding “Watch for Children” or other signs of that nature, is to be done at landowner expense. A question arose regarding speed bumps. Engineer Kuhn stated that in this area, speed bumps would not be appropriate.
Mr. Nyberg wanted to give further clarification to the issue of covenants. He said that the original covenants did not apply to these lots; therefore Mr. Bugher was not bound by those covenants.
Chairman Knowles closed the public comment portion. Commissioner Feuling stated that she felt a time limit should be instituted for condition no. 1 under staff recommendations.
Deputy Clerk Fulghum read a letter submitted by Mark and Jeanne Barlage, 3042 Pinewood Lane, who voiced their opposition to the project. She also read a letter from Chris Meehan of Wenck Associates, Inc. who stated that both projects (Lakecrest Townhomes and Gavin’s Point) are outside the Sauk River Watershed District boundaries and therefore would not require a permit from the District.
Feuling, seconded by Hammerschmidt, made a motion to recommend to the town board approval with conditions as amended. Condition No. 1 to be amended as follows: “…The plan shall be approved by the Township Zoning Administrator prior to final plat approval and shall be substantially installed upon the completion of each twin unit…”. Condition No. 2 to be amended as follows: “…particularly the driveway serving the lot on Unit No. 9.” Roll: Hammerschmidt – yes, Feuling – yes, Steidl – yes, Niskanen – yes, Knowles – yes. Motion carried unanimously.
Mr. Richard Lerew, on behalf of Lakeland Construction Finance, 860 Blue Gentian Road, Ste. 135, Eagan, MN 55345 was the representative for the preliminary plat for Gavin’s Point along with his surveyor, Mike Nyberg.
Engineer Kuhn gave a brief history of this plat and the changes it has undergone. He stated that the original plat was accepted by Douglas County. The road was begun, urban design.
Mr. Lerew stated that there are 27 residential lots platted. His company has taken over ownership within the past thirty days. Lakeland Construction Finance held the mortgage for Garfield Lumber, which has since gone into bankruptcy. This plat was approved May 2, 2006. The commission inquired as to why no other accesses are depicted. The applicant stated that previously lots to the north had been sold, thus eliminating any access in that direction. Discussion ensued as to the possibility of an access to the east. Commissioner Hammerschmidt asked if any of those lots to the north had been developed. Mr. Nyberg gave a brief history of the ownership of the lots to the north and east, as he was involved with the original platting of this property.
Commissioner Feuling questioned the feasibility of the easement requirement under staff recommendation no. 2. Zoning Administrator Leister said they wanted to provide a future access, feeling that the easement could always be vacated at a later time. More discussion regarding the potential of neighboring lots being subdivided.
Engineer Kuhn felt that the best solution would be to have another access out of the plat. If we had an easement, and if the parcel should develop, another option would be available. Ideally two accesses would be preferable; however, the development could function with one.
Chairman Knowles opened the meeting to the public for comment. The only comment was from Kristi Langenfeld. She wondered if the developer had/would attempt to purchase one of the three lots to the north that are vacant. Commissioner Feuling stated that the township could not require this as a condition of recommending approval. Chairman Knowles closed the public comment portion.
The commission inquired of Engineer Kuhn what the landscaping plan, outlined in condition no. 3 of the staff recommendation, pertained to. Engineer Kuhn stipulated that the landscaping plan is for the stormwater pond.
Chairman Knowles brought up the issue of water and how it will be supplied. The applicant responded that the homes will be serviced by individual wells.
Commissioner Niskanen brought up lots 17 and 18 and the potential of utilizing one or a combination of the two, for an easement. These lots are to the east. Mr. Nyberg said if an easement was required, they would prefer an easement to the north.
Commissioner Feuling commented on staff comment no. 2 which stated that when the County approved the plat in 2006, the township had informally expressed a desire to provide another way in and out of this plat. She noted that the county did not choose to make this a requirement.
Niskanen, seconded by Hammerschmidt, made a motion to recommend to the town board approval of this plat, to include conditions 1 and 3 of the staff recommendations and strike condition no. 2. Roll: Hammerschmidt – yes, Feuling – yes, Steidl – yes, Niskanen – yes, Knowles – no. Motion carried.
Zoning Administrator’s Report: Reviewed correspondence.
Old Business: Continued discussion regarding open space requirements. Zoning Administrator Leister posed three questions to consider: 1) should the ordinance be amended to allow greater discretion by the Planning Commission in determining what counts as open space and what does not; 2) should there be a more restrictive open space requirement in shoreland areas versus non-shoreland areas; and 3) should multi-family PUDs that involved “duplex” units continue to be held to a minimum of 25% open space, or should this be increased to 50%.
Continued discussion of sewer requirements in the UR district. Zoning Administrator Leister brought up the topic of ghost platting and provided examples of how it may be of benefit for future planning purposes. He will provide ideas on implementation of such a policy at the May meeting.
New Business: At the conclusion of the last meeting, the commission had requested that the zoning administrator establish a township policy for handling the issue of private/restrictive covenants with regard to zoning. Zoning Administrator Leister reviewed the policy regarding private covenants. In essence, he stated that there are three general rules: 1) the township should essentially ignore private covenants when it comes to the restrictions on individual landowners; 2) the township may find it beneficial to become a party to the covenants if it is seen as the best means of implementing those requirements; and 3) the township should avoid becoming embroiled in covenants if at all possible.
The commission requested that the zoning administrator establish a meeting date in which to review concerns that have arisen over the past year.
The commission acknowledged the re-appointment to 3-year terms of Commissioner Feuling and Chairman Knowles.
Adjournment: Being no further business, Feuling, seconded by Steidl, made a motion to adjourn the meeting. Meeting adjourned at 8:34 p.m.
Respectfully submitted….
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Bonnie Fulghum, Deputy Clerk
Approved this _______day of ________, 2008
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John B. Knowles, Chairman