Planning Commission

10801 Town Square Drive City of Blaine Blaine MN 55449 Anoka County, Minnesota Minutes - Final Planning Commission The Planning Commission is an advisory body to the City Council. One of the Commission’s functions is to hold public hearings and make recommendations to the City Council. The City Council makes all final decisions on these matters. Blaine City Ordinances require that certain documents and information be included in applications. The Planning Commission may postpone consideration of an application that is incomplete and may, for other reasons, postpone final action on an application. For each item the Commission will receive reports prepared by the City staff, open the hearing to the public, and discuss and act on the application. Tuesday, April 14, 2015 7:00 PM Council Chambers 1.0 Roll Call - 2014-2015 Planning Commission The Blaine Planning Commission met in the City Hall Chambers on Tuesday, April 14, 2015. Chair Ouellette called the meeting to order at 7:00 p.m. Staff Present: Shawn Kaye, Associate Planner Lori Johnson, Associate Planner Tom Scott, Project Coordinator Dan Schluender, Assistant City Engineer Present: 5 - Chair Ouellette, Homan, York, Goracke, and Bergstrom Excused: 1 - Olson 2.0 Approval of Minutes TMP 15-0220 Approval of March 10, 2015 Planning Commission Minutes Motion by Commissioner Goracke to approve the minutes of March 10, 2015, as presented. Motion seconded by Commissioner Homan. The motion passed 3-0-2 (Chair Ouellette and Bergstrom abstained). Aye: 3 - Homan, York, and Goracke Abstain: 2 - Chair Ouellette, and Bergstrom 2.1 Old Business None. 2.2 2014/2015 Planning Commission Adjourns Sine Die City of Blaine Page 1 Planning Commission Minutes - Final April 14, 2015 Chair Ouellette adjourned the 2014/2015 Planning Commission Sine Die to complete the Oath of Office at 7:02 p.m. Motion by Commissioner York to adjourn the 2014/2015 Planning Commission Sine Die. Motion seconded by Commissioner Bergstrom. The motion passed 5-0. Aye: 5 - Chair Ouellette, Homan, York, Goracke, and Bergstrom 3.0 Administration of Oaths of Office - Maisa Olson and Daniel York The Oath of Office was administered by the City Clerk to Commissioners Maisa Olson and Daniel York. 3.1 Resumption of Adjourned Meeting Chair Ouellette reconvened the meeting at 7:05 p.m. 3.2 Roll Call - 2015/2016 Planning Commission Present: 6 - Chair Ouellette, Homan, York, Goracke, Bergstrom, and Olson 4.0 New Business 4.1 RES 15-079 GRANTING A WAIVER OF PLATTING THAT WOULD ALLOW A .82 ACRE PARCEL TO BE DIVIDED INTO A .33 ACRE PARCEL AND A .48 ACRE PARCEL AT 170 117th AVENUE NE. STANEK PROPERTIES LLC. (CASE FILE NO. 15-0017) The report to the Planning Commission was presented by Lori Johnson, Associate Planner. The public hearing for Case File 15-0017 was opened at 7:08 p.m. Chair Ouellette noted a letter received for the record from Erica Hall stating she opposed the request due to the increased level of traffic that would be created. He reported the Commission also received a letter from Robert Delansky who also opposed the request. The public hearing was closed at 7:09 p.m. Chair Ouellette noted that in many communities a waiver of platting would be handled at a staff level. Commissioner York questioned why the neighbors opposed the request. He did not believe it should be assumed the property would become a rental home. Motion by Commissioner Goracke to recommend approval of Planning Case 15-0017 based on the following conditions: City of Blaine Page 2 Planning Commission Minutes - Final April 14, 2015 Case 15-0017: 1. Park dedication will be required for the new lot that is being created. The total amount due prior to the City signing off on the waiver form for the County is $3,404. 2. The driveway for the existing home must be relocated to Oak Park Drive NE, and the driveway must meet the 5-foot side yard setback. 3. The existing driveway and curb cut should be properly removed from 117th Avenue. 4. Water lateral will be required for the new lot. The total amount due prior to the City signing off on the waiver form for the County is $3,875. Motion seconded by Commissioner Homan. The motion passed 6-0. Aye: 6 - Chair Ouellette, Homan, York, Goracke, Bergstrom, and Olson Chair Ouellette noted this would be on the agenda of the May 7, 2015 City Council meeting. 4.2 RES 15-080 GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A BOARDING HOUSE TO BE LOCATED IN THE R-1 (SINGLE FAMILY) ZONING DISTRICT AT 802 131ST AVENUE NE. WAY OF THE LORD. (CASE FILE NO. 14-0061) The report to the Planning Commission was presented by Lori Johnson, Associate Planner. The public hearing for Case File 14-0061 was opened at 7:14 p.m. Chair Ouellette noted a letter received for the record from Denise and Dale Brensale opposing the request for a boarding house. In addition, the Commission received letters of support from Lance Wonders, Kathy Alberts and Linda Hier. Chris Wille, 13085 Van Buren Street NE, did not oppose to having the boarding house next to his home. Larry Alberts, Pastor at Way of the Lord Church, introduced himself to the Commission and thanked the Wille Family for their support. He explained the way the house has been used for prayer and stated he has not had conflicts with the neighbors. He reported that he was willing to comply with all City’s regulations with regard to the proposed boarding house. Chair Ouellette questioned who would be staying at the boarding house. Pastor Alberts noted that four of the gentlemen were in attendance this evening. He stated there would be missionaries from around the world staying short term, along with a group of men that worked on a discipleship City of Blaine Page 3 Planning Commission Minutes - Final April 14, 2015 team. Commissioner Bergstrom asked if the kitchen in the lower level would be removed. Pastor Alberts noted the house of prayer area in the basement did not have a full kitchen. Commissioner York supported the boarding house given the fact the neighbors were all supportive of the request. John Zupek, 802 131st Avenue NE, noted he has lived in the boarding house for the past five years in the mother-in-law suite. He reported there have not been any issues in the neighborhood or with the neighbors. Jamie Wille, 13085 Van Buren Street NE, explained she has lived in her home as a stay-at-home mom for the past two years and has not once felt the boarding house was an issue. It was her opinion they were wonderful neighbors. Barb Starr, 13049 Van Buren Street NE, commented she was a widow and lived three houses down from the boarding house. She appreciated the assistance the men in the boarding house have provided her moving furniture. She recommended the Commission support the boarding house request. The public hearing was closed at 7:23 p.m. Commissioner Bergstrom questioned if the City had a clear definition of temporary living. Associate Planner, Lori Johnson stated the City Ordinance does not define “temporary living” but paying rent instead of a mortgage was viewed to be temporary. Commissioner Bergstrom asked if the property was still viewed as the parsonage or if it was a rental property. Associate Planner, Lori Johnson explained that the property was owned by Pastor Alberts but will be issued a rental license to serve as a boarding house for the church. Motion by Commissioner Homan to recommend approval of Planning Case 14-0061 based on the following conditions: Case 14-0061: 1. The number of people living in the home on a temporary basis must not exceed 8 people. City of Blaine Page 4 Planning Commission Minutes - Final April 14, 2015 2. One kitchen for the entire structure must be provided. This means that two of the kitchens currently within the home will need to be removed. No more than one stove can be provided on the premises. 3. No other church activities, including prayer services, can occur on site. 4. A rental license must be obtained through the City's Community Standards Department. This will include a yearly inspection of the property. 5. The occupants of the site and the owner of the site must adhere to all City codes with regard to parking of vehicles on paved surfaces in the front yards of the home. Motion seconded by Commissioner Olson. The motion passed 6-0. Aye: 6 - Chair Ouellette, Homan, York, Goracke, Bergstrom, and Olson Chair Ouellette noted this would be on the agenda of the May 7, 2015 City Council meeting. 4.3 RES 15-081 GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR INDOOR AUTO SALES IN AN I-2 (HEAVY INDUSTRIAL) ZONING DISTRICT. C.A.S. AUTO. (CASE FILE NO. 15-0020/LSJ) The report to the Planning Commission was presented by Lori Johnson, Associate Planner. The public hearing for Case File 15-0020 was opened at 7:28 p.m. As no one wished to appear, the public hearing was closed at 7:28 p.m. Motion by Commissioner York to recommend approval of Planning Case 15-0020 based on the following conditions: Case 15-0020: 1. There shall be no vehicles for sale outside on site at any time. 2. A site inspection will be conducted every six (6) months to ensure that there are no cars for sale outside, and that there is no outside storage related to the auto repair business. 3. The applicant must obtain a certificate of occupancy for this tenant space and meet all fire and building codes. Motion seconded by Commissioner Bergstrom. The motion passed 6-0. Aye: 6 - Chair Ouellette, Homan, York, Goracke, Bergstrom, and Olson Chair Ouellette noted this would be on the agenda of the May 7, 2015 City Council meeting. 4.4 RES 15-082 GRANTING PRELIMINARY PLAT APPROVAL TO SUBDIVIDE 6.18 ACRES INTO ONE (1) LOT AND TWO (2) OUTLOTS TO BE KNOWN AS BALL ROAD 2ND ADDITION ON BALL ROAD EAST OF City of Blaine Page 5 Planning Commission Minutes - Final April 14, 2015 LEXINGTON AVENUE. THE DRIESSEN GROUP, LLC. (CASE FILE NO. 15-0019/LSJ) The report to the Planning Commission was presented by Lori Johnson, Associate Planner. The public hearing for Case File 15-0019 was opened at 7:33 p.m. Harold Hollander, 4896 103rd Lane NE, noted he previously discussed the Ball Road Wal-Mart development with the Commission. He believed that the Commission should consider smart growth. He was concerned with how traffic and safety would be impacted by the proposed development. He believed that Ball Road could not handle additional development. He requested that “No Semi Traffic” signs be posted in his neighborhood. Commissioner York asked how the area should be changed. Mr. Hollander appreciated the question but reported he did not have the answer because he was not an engineer. He did not want to see a Wal-Mart on Ball Road. He believed this question should be asked of City Council and the City Planners. Tim Thode, 4398 101st Lane NE, stated he has lived in his home for the past 35 years. He was surprised that Wal-Mart was able to be developed considering it was on a wetland. He discussed the location of the nearest fire department and feared how response times would be impacted by the high levels of traffic along Ball Road. He did not believe that the City should continue to add development to this area of the City. Tiffany Ruff, 4370 101st Lane NE, stated she has lived in her neighborhood for the past 13 years. She reported that she learned of this meeting only two days ago and many of her neighbors were unaware. She was disappointed that the City had placed a sign in a spot not viewed regularly by her neighborhood. She discussed the dangerous driving conditions on Ball Road and feared how this would be adversely impacted by further development in this area. She explained that she ran a daycare from her home and has had to call the police on several occasions due to speeding cars and out of control vehicles. She did not believe that a Goodwill belonged in this location when a tree buffer and cul-de-sac was promised. She recommended that the Goodwill consider locating in the Wal-Mart building. Associate Planner, Lori Johnson reported that the trees would remain in place. Chair Ouellette commented that it was not the City’s business to tell companies how to conduct their business. Ms. Ruff indicated that she wanted to have her voice heard and have the City understand that further development was not wanted in her neighborhood. City of Blaine Page 6 Planning Commission Minutes - Final April 14, 2015 Chair Ouellette explained that properties within 350 feet of the proposed development were sent notifications from the City. Bruce Farr, 4709 103rd Lane NE, expressed concern with traffic and how it was routed through his neighborhood. He suggested that with the addition of the Goodwill, that a traffic pattern analysis be completed to ensure that the future Wal-Mart customers are not impacting the adjacent residential homeowners. He questioned if the City was considering closing off Marmon Street. Assistant City Engineer, Dan Schluender explained that the only change approved through the Ball Road improvement project for Wal-Mart was that the north end of Hupp Street would become a cul-de-sac. Teresa Blossom, 10207 Erskin Street NE, reiterated that the only reason she knew about this meeting was because she received a notice about Aldi. She noted she drove down Ball Road and found the inconveniently placed sign. She was pleased that Goodwill was not a 24-hour operation but had major concerns with how additional traffic in the area would impact her neighborhood. She feared how the children walking to school or catching a bus would be impacted by the additional traffic, as there were no sidewalks in her neighborhood. Mr. Hollander asked if right turn only gates would be placed on Erskin and Fraizer. Assistant City Engineer, Dan Schluender commented a median would be placed on Ball Road to create a right-in, right-out only situation at Frazier and Ghia. Scott Nelson, project architect for Goodwill, addressed several of the conditions for approval. He commented that he would be more than willing to narrow the width of the access point off of Ball Road. He reviewed a graphic of the site off of Ball Road and noted a large number of trees would be preserved on the site. He discussed the trucking operation that would take place at the Goodwill. He anticipated that only two trucks would come to and from the site each week. He did not believe that the 10 foot masonry wall was necessary given the location of the tree buffer. He suggested that a metal screen be placed along the Ball Road elevation instead. The public hearing was closed at 7:54 p.m. Chair Ouellette believed that the masonry wall would be required by the City. Associate Planner, Lori Johnson stated that the masonry wall would be City of Blaine Page 7 Planning Commission Minutes - Final April 14, 2015 consistent with other developments in Blaine and would provide for more coverage in the fall and winter months when the surrounding deciduous trees have lost their leaves. Commissioner Olson asked if the Wal-Mart was required to have a masonry wall. Associate Planner, Lori Johnson reported that Wal-Mart would not have a semi-truck trailer sitting outside at all times. Commissioner Bergstrom questioned if the 250 foot driveway to Ball Road should be made shorter. Assistant City Engineer, Dan Schluender discussed the length required for turning truck traffic and explained that staff would be working with the applicant to narrow the driveway. Commissioner Bergstrom inquired if the plans would adjust any of the neighboring residential roadways. Assistant City Engineer, Dan Schluender commented that lengthy discussions have been held regarding the traffic study. He commented that the proposed outlot was included in this traffic study and the Goodwill use was less intense than the previously proposed commercial use. Commissioner York questioned if the City could make any adjustments to the roadways and traffic patterns at this time, prior to the completion of the Goodwill and Wal-Mart. Assistant City Engineer, Dan Schluender stated the neighborhood brought forth a few considerations when Wal-Mart was being approved. He noted that staff has been counting traffic both last fall and again this spring. Commissioner York understood Hupp Street would be converted into a cul-de-sac and a median would be placed on Ball Road. He asked when these improvements would be completed. Assistant City Engineer, Dan Schluender indicated the improvements were planned to start in May. Chair Ouellette questioned if the police has been monitoring traffic in this area. Assistant City Engineer, Dan Schluender reported that the police have been monitoring traffic in this area and noted that semi-truck traffic has been stopped and questioned to keep it out of the neighborhoods. City of Blaine Page 8 Planning Commission Minutes - Final April 14, 2015 Commissioner Goracke inquired how much additional traffic would be brought into the neighborhood by the Goodwill. Brady Bussleman, Sambatec, commented that during the PM peak hour, about 61 vehicles were anticipated, which meant 29 vehicles entering and 31 vehicles exiting. He reported that the PM peak hour was from 5:00 p.m. to 6:00 p.m. Commissioner Olson believed that the Wal-Mart would bring some additional traffic to the neighborhood, but the greater issue at hand for the neighborhood was the traffic that would be brought to Goodwill. Chair Ouellette agreed stating the issue at hand was Goodwill. Commissioner Bergstrom asked if any “No Semi Traffic” signs have been posted by the City. Assistant City Engineer, Dan Schluender reported that two signs were installed on the east and west ends of 103rd Lane last fall. He stated that if additional signs were required, he would welcome feedback from the residents. Chair Ouellette inquired if City staff contacted trucking companies that were driving in these residential areas. Assistant City Engineer, Dan Schluender commented that staff was working to track down these companies and to provide direction on the proper trucking routes. Chair Ouellette suggested that staff continue to monitor traffic in this area even after this item was recommended for approval to the City Council. Motion by Commissioner York to recommend approval of Planning Case 15-0019A the Preliminary Plat to subdivide 6.18 acres into one (1) lot and two (2) outlots to be known as Ball Road 2nd Addition based on the following conditions: Case 15-0019A: 1. Park dedication will be due with the platting of one lot. The 2015 park dedication rate for commercial development is $8,704/acre for a total due of $24,980. This fee will need to be paid prior to release of final plat mylars for recording at Anoka County. 2. Deferred assessments become due with the recording of this plat for the water lateral and trunk sanitary sewer. The total charge of $54,792 must be made prior to release of the final plat mylars for recording at Anoka County. City of Blaine Page 9 Planning Commission Minutes - Final April 14, 2015 3. The Mayor, City Manager and City Clerk are hereby authorized to execute any and all necessary documents, agreements, and releases related to the approval, recording, or administration of Ball Road 2nd Addition. Motion by Commissioner York to recommend approval of Planning Case 15-0019B the Conditional Use Permit to allow for a retail store in a PBD (Planned Business District) based on the following conditions: Case 15-0019B: 1. The applicant to indicate how trash is to be accommodated and if a dumpster is required. The dumpster must be fully enclosed with an enclosure that matches the building. 2. The following landscaping is required on site and the landscape plan meets these requirements: Overstory Trees: 19 19 Conifer Trees: 15 Ornamental Trees: 15 3. Three of the required new overstory trees must be relocated in the front yard along the private entrance drive to Walmart. 4. All signage is issued under a separate permit. 5. All pole mounted lighting is limited to 20-feet in height. The applicant must supply a lighting plan and fixture cut-sheets prior to issuance of building permits. 6. No exterior overnight storage of pallets, delivered products or drop off items. 7. No overnight storage of semi trailers or delivery vehicles, other than one semi trailer that can be parked in the dock area that is screened by the masonry wall. 8. Storage or display of retail items not permitted in the parking area, driveway surface, or front sidewalk area. All display items to be inside the building. 9. The exterior building materials to match those on the submitted plans and must meet the Highway 65 Overlay District requirements. 10. The masonry wall that screens the semi-dock area must match the exterior materials of the building. The masonry wall must be at least 10-feet in height. 11. Site, buildings, and landscaping to be constructed consistent with submitted materials made part of this Conditional Use Permit application. However, the site plan will be subject to further site plan review related to landscaping and all site improvements. The landscape plan to meet the requirements set forth in the Zoning Ordinance including the Overlay District related to quantity and size of trees. City of Blaine Page 10 Planning Commission Minutes - Final April 14, 2015 12. Site plan and grading plan approval is required prior to any work being performed on site and issuance of building permits. 13. Applicant to obtain Rice Creek Watershed District permit prior to start of site work. 14. The site plan shows a driveway access onto Ball Road approximately 250 feet east of the traffic roundabout. The driveway will primarily be used by semi-trucks 3-4 times a week entering the site's loading dock area. The driveway will have little use other than those instances. It does line up with the industrial park access (103rd Court). Staff may ask the developer to narrow the width of the curb cut thru the site plan review process. Motion seconded by Commissioner Homan. The motion passed 6-0. Aye: 6 - Chair Ouellette, Homan, York, Goracke, Bergstrom, and Olson Chair Ouellette noted this would be on the agenda of the May 7, 2015 City Council meeting. 4.5 RES 15-084 GRANTING PRELIMINARY PLAT APPROVAL TO RE-PLAT TWO EXISTING LOTS (32.78 ACRES TOTAL) INTO TWO NEWLY RECONFIGURED LOTS, A 30.55 ACRE PARCEL AND A 2.23 ACRE PARCEL TO BE KNOWN AS MILLS SECOND ADDITION AT 10220 LEXINGTON AVENUE NE. ALDI, INC. (CASE FILE NO. 15-0018) The report to the Planning Commission was presented by Shawn Kaye, Associate Planner. The public hearing for Case File 15-0018 was opened at 8:11 p.m. Jamie Steinborn, ISG on behalf of Aldi, explained he has been working with the City for some time on the request. He appreciated the thorough report presented by staff and supported the proposed conditions for approval. Theresa Blossom, 10207 Erskin Street, questioned the hours of operation for Aldi. Mr. Steinborn reported the hours of operation would be 9:00 a.m. to 8:00 p.m. The public hearing was closed at 8:13 p.m. Commissioner Goracke questioned how many employees Aldi would be hiring. Spencer Shull, Aldi, noted that 15 employees would be hired for this location. Chair Ouellette believed that the Aldi store was a proper fit for this site. Motion by Commissioner Goracke to recommend approval of Planning Case 15-0018A a Preliminary Plat to subdivide 32.79 acres into two (2) lots to be City of Blaine Page 11 Planning Commission Minutes - Final April 14, 2015 known as Mills Second Addition based on the following conditions: Case 15-0018A: 1. The proposed plat requires site and grading plan approval. 2. Rice Creek Watershed District (RCWD) approval is required prior to release of the plat for recording with Anoka County. Developer must contact the Anoka County Highway Department for permit requirements. 3. A separate domestic water service is required from the fire line. An 8" diameter water service is required. 4. Water availability charge (WAC) and sewer availability charge (SAC) become due with the building permit. 5. Future maintenance of the storm water detention basins will be the responsibility of the developer. 6. The developer is required to apply for a National Pollutant Discharge Elimination System (NPDES) Phase II permit from the MN Pollution Control Agency. A copy of the permit application and Storm Water Pollution Prevention Program must be sent to the City. Site approval will not be granted and no work performed on site until receipt of this information. 7. Dedication of drainage and utility easements are required over the storm detention basin and on all lot lines. 8. The Mayor, City Manager and City Clerk are hereby authorized to execute any and all necessary documents, agreements and releases related to the approval, recording, or administration of Mills Second Addition. Motion by Commissioner Goracke to recommend approval of Planning Case 15-0018B a zero lot line for shared access Conditional Use Permit between two commercial lots in a B-3 (Regional Commercial) zoning district based on the following conditions: Case 15-0018B: 1. Aldi's site, building, and landscaping to be constructed consistent with submitted materials made part of this Conditional Use Permit application. 2. Site plan approval required prior to site work and building permits. 3. Temporary signage regulated under Zoning Ordinance Section 34.13. 4. Permanent signage requires a separate permit approval process. 5. No exterior unscreened overnight storage of shopping carts, pallets or delivered products. 6. No overnight storage of semi trailers or delivery vehicles unless they are in the loading dock. City of Blaine Page 12 Planning Commission Minutes - Final April 14, 2015 7. All lighting on site must meet requirements established by Section 33.02 of the Zoning Ordinance. Freestanding light structures limited in height to not more than 20 feet. 8. The building must be designed and maintained in accordance with the MN Uniform Fire Code. 9. The building and landscaping must meet the general intent of the Highway Overlay District requirements. 10. The site must have underground irrigation for all landscaped areas. 11. A cross parking and access agreement is required and this agreement must be presented to staff prior to issuance of site plan approval and building permits. Motion seconded by Commissioner Bergstrom. The motion passed 6-0. Aye: 6 - Chair Ouellette, Homan, York, Goracke, Bergstrom, and Olson Chair Ouellette noted this would be on the agenda of the May 7, 2015 City Council meeting. ADJOURNMENT Motion by Commissioner Olson to adjourn the Regular Planning Commission meeting. Motion seconded by Commissioner York. The motion passed 6-0. Adjournment time was 8:15 p.m. Aye: 6 - Chair Ouellette, Homan, York, Goracke, Bergstrom, and Olson City of Blaine Page 13