01-27-1998 PC MIN
.
.
.
MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY, JANUARY 27, 1998
Members Present:
Chair Mesich, Commissioners Cote, Kuester, Anderson, Morris and
Thompson
Members Absent:
None
staff Present:
Steven B. Ach, City Planner; Scott Harlicker, Assistant Planner;
Terry Maurer, City Engineer; Debbie Kleckner, Recording Secretary
Pursuant to due call and notice thereof, the meeting of the Elk River Planning
Commission was called to order at 7: 15 p.m. by Chair Mesich.
COMMISSIONER ANDERSON MOVED TO APPROVE THE JANUARY 27, 1998 PLANNING
COMMISSION AGENDA WITH THE FOLLOWING AMENDMENTS:
-ITEM 6.1. - MOVE TO CONSENT AGENDA
-ADD ITEM 4.1. - 1/17/98 SPECIAL PLANNING COMMISSION MEETING MINUTES
-ADD ITEM 7.2. - SCHEDULE JOINT MEETING WITH CITY COUNCIL
-ADD ITEM 7.3. - NATIONAL PLANNING CONFERENCE
COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 6-0.
COMMISSIONER THOMPSON MOVED APPROVAL OF THE CONSENT AGENDA AS
FOLLOWS:
ITEM 6.1. - PAUL KRAUSE REQUEST FOR CONDITIONAL USE PERMIT, PUBLIC HEARING
CASE NO. CU 97-28 - POSTPONED TO 2/24/98
COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
COMMISSIONER THOMPSON MOVED APPROVAL OF THE DECEMBER 23, 1997,
PLANNING COMMISSION MINUTES WITH THE FOLLOWING CHANGE:
PAGE 7 - ITEM 6.9. - MOTION SHOULD REFLECT COMMISSIONER SULLIVAN OPPOSED,
RATHER THAN COMMISSIONER THOMPSON.
COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0.
Planning Commission Minutes
January 27. 1998
Page 2
.
Commissioner Anderson will attend the February 17, 1998 City Council meeting.
Staff report by Scott Harlicker, Planning Assistant. Dave Gracik is requesting
preliminary plat approval to subdivide approximately 4.6 acres located at the
southeast corner of 193rd A venue and Meadowvale Road into 7 single family
residential lots. The applicant has indicated a building area can be created on
Lot 1 without requiring a wetland permit (filling less than 400 sq. ft. of wetland
under a wetland exemption). Staff suggested the lot lines for Lot 2, 3 and 4 be
shifted south, widening the lots to 83 feet. in order to accommodate a house with
a 3 car garage.
Terry Maurer, City Engineer, indicated there will be no more driveways than when
this plat was originally presented and approved by Sherburne County, since Lots 1
and 2, Lots 3 and 4, and Lots 6 and 7 will have shared driveways. He noted there
is an existing home on Lot 5 which has access onto Meadowvale Road.
Commissioner Morris asked if the speed limit would be changed on Meadowvale
Road due to the additional residences on Meadowvale. Terry Maurer explained
the County would need to request a speed study by MN/DOT.
.
Chair Mesich opened the public hearing.
Dave Graclk, 9201 Meadowvale Road, applicant, expressed concern that if the
trails were put in before home were constructed, the trails would be damaged by
the heavy trucks driving over them.
Discussion followed regarding the City's policy of trail installation in a
development before homes are constructed so that potential homebuyers are
aware of the trails up front. Mr. Gracik asked if the trail could be built in mid-
summer. Terry Maurer indicated that would not be a problem since the costs for
trail construction are escrowed through the developer's agreement. Steve Ach
indicated the city's goal is to have the trails constructed before a development is
built out. and that building permits could be issued before the trail is actually
installed.
Mr. Gracik asked the Commission to give consideration to the City's
reimbursement of $10.00 per lineal foot for trail construction. He stated this
amount would not cover the added costs he will incur to extend a culvert and fill
in the area east of Meadowvale Road.
There being no other public comment. Chair Mesich closed the public hearing.
.
COMMISSIONER THOMPSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST
BY DAVE GRACIK FOR PRELIMINARY PLAT APPROVAL, PUBLIC HEARING CASE NO.
P 97-17, CITING THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING, AND
WITH THE FOLLOWING CONDITIONS:
Planning Commission Minutes
January 27. 1998
Page 3
.
1. A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND
CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS.
2. ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED DECEMBER 15, 1997 BE
INCORPORATED INTO THE REVISED PRELIMINARY PLAT AND MADE A CONDITION
OF APPROVAL.
3. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE
COSTS OF PUBLIC IMPROVEMENTS.
4. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED
BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25 % OF THE
IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR
PERIOD.
5. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT
THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING
WITH SHERBURNE COUNTY.
6. PARK DEDICATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF
FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH
SHERBURNE COUNTY.
.
7. A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE
SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF
BUILDING PERMITS.
8. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT.
9. A DETAILED DEVELOPMENT PLAN OF LOT 1 BE PROVIDED SHOWING THE HOUSE
PAD AND THE AMOUNT OF WETLAND NEEDED TO BE FILLED IN ORDER TO
ACCOMMODATE A 26' HOUSE AND A MINIMUM 25 FOOT SETBACK FROM THE
WETLAND.
10. FRONT YARD TREES BE PLANTED ON EACH OF THE LOTS.
11. SHARED DRIVEWAYS SHALL BE PROVIDED FOR LOTS 1 AND 2, LOTS 3 AND 4 AND
LOTS 6 AND 71N ACCORDANCE WITH SHERBURNE COUNTY HIGHWAY
DEPARTMENT'S LETTER. A PERMIT FROM SHERBURNE COUNTY MUST BE OBTAINED
PRIOR TO INSTALLING THE DRIVEWAYS.
12. CONCERNS CONTAINED IN THE COUNTY DITCH INSPECTOR'S LETTER SHALL BE
ADDRESSED.
13. DEVELOPER CONSTRUCT A 10' BITUMINOUS TRAIL ALONG MEADOWVALE ROAD.
DETAILS OF THE TRAIL SHALL BE INCLUDED IN CONSTRUCTION PLANS THAT CAN
BE REVIEWED BY THE CITY ENGINEER. A REIMBURSEMENT TO THE DEVELOPER IN
THE AMOUNT OF $10.00 PER LINEAL FOOT WILL BE CREDIT TO THE PARK
DEDICATION REQUIREMENT.
.
14. THE FOOTBRIDGE BE ELIMINATED AND THE APPLICANT WORK WITH SHERBURNE
COUNTY AND THE DNR TO FILL AND EXTEND THE CULVERT ON THE EAST SIDE OF
MEADOWVALE ROAD. PERMITS FROM THE DNR MUST BE OBTAINED PRIOR TO
.
.
.
Planning Commission Minutes
January 27. 1998
Page 4
GRADING OR FILLING ADJACENT TO THE CREEK. COPIES OF ANY PERMITS SHALL
BE PROVIDED TO THE CITY.
15. DRAINAGE AND UTILITY EASEMENTS BE PUT IN PLACE OVER THE PROPOSED
DRAINAGE POND. THE EASMENT OVER THE WETLANDS SHALL BE MODIFIED TO
CORRESPOND WITH THE NEW WETLAND BOUNDARY AFTER THE 400 SQUARE FEET
HAS BEEN FILLED.
16. DEVELOPER BE RESPONSIBLE TO PAY A LATERAL ASSESSMENT FOR WATERMAIN IN
MEADOWVALE ROAD, AND A WATER AVAILABILITY CHARGE IN THE AMOUNT OF
$300 PER LOT BE PAID TO ELK RIVER UTILITIES PRIOR TO RELEASING THE PLAT FOR
RECORDING.
COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
Staff report by Scott Harlicker. Jodi and Sean Ladd have requested a conditional
use permit for a commercial kennel in the Agricultural Conservation zoning district
at 11631 219th Avenue. The kennel will be used to board up to 20 dogs. Scott
distributed information to the Commissioners from the applicant regarding
landscaping, waste disposal. parking. outside kennels and a wind barrier. Staff
recommends approval of the conditional use permit with the conditions outlined
in the staff report.
Chair Mesich opened the public hearing.
Ernest Toth, 22191 Highway 169, expressed his concern barking dogs would be a
nuisance. He questioned where the waste would be stored until it was hauled
away.
Dwight Holcombe, 11349 219th Avenue NW, indicated his property is east of the
Ladds' property. He also was concerned the noise may be problem. Mr.
Holcombe questioned why 219th Avenue was not plowed if it is a city street.
Sean Ladd, applicant, stated the waste would be stored in garbage containers in
a shaded, fenced area adjacent to the west side of the building.
Jodi Ladd, applicant, indicated the dogs will be locked in at night and will only
be in the outside kennel areas when she or Mr. Ladd is home during the day.
COMMISSIONER ANDERSON MOVED TO APPROVE THE REQUEST BY JODI AND SEAN
LADD FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 97-31,
BASED ON THE REVISED SITE PLAN SUBMITTED BY THE APPLICANT SHOWING SIX
PARKING STALLS, WITH FOLLOWING CONDITIONS:
1. THE APPLICANT PROVIDE A LANDSCAPE PLAN WHICH IDENTIFIES EXISTING
AND PROPOSED PLANTINGS.
2.
THE PARKING AND DRIVEWAY BE PAVED.
.
.
.
Planning Commission Minutes
January 27. 1998
Page 5
3.
THE APPLICANT SHALL COMPLY WITH SECTION 502.36 AND 502.38 OF THE
CITY ORDINANCE WHICH REGULATES KENNEL PERMITS AND KENNEL
CONDITIONS.
4. A SEPARATE SYSTEM BE INSTALLED FOR THE KENNEL PRIOR TO ISSUANCE OF A
CERTIFICATE OF OCCUPANCY.
5. A SITE PLAN BE SUBMITTED SHOWING THE DUMPSTER ENCLOSURE WITH A
GATE.
COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 6-0.
Steve Ach, City Planner, indicated Guardian Angels of Elk River, Inc. has
requested the following:
A. Land Use Plan Amendment. changing the land use designation from MR
(Medium Density Residential) to HR (High Density Residential) and MR
(Medium Density Residential) to CC (Community Commercial).
B. Rezoning from R2 (Two Family Residential) to PUD (Planned Unit
Development) .
C. Preliminary Plat to subdivide approximately 11 acres into one commercial
lot. one lot for assisted living, 20 townhouse lots and one lot considered
common space around the town homes.
D. Conditional Use Permit for a residential and commercial planned unit
development. as well as site plan approval for Phase 1 consisting of the
townhomes and 60 units of the assisted living.
Commissioner Thompson asked what the percent was of impervious area in Tier 1.
Mr. Mike Trossen, of Trossen Wright Architects, indicated Tier 1 would be 48%
impervious, which is allowed by ordinance for residential. Commissioner
Thompson questioned whether or not the walkways to the docks were calculated
in the impervious area. Steve Ach, City Planner, indicated walkways are not
included in the DNR's calculations.
Commissioners Thompson and Anderson did not support the hardship finding for a
variance. Commissioner Kuester indicated her support for the changes made in
the plans but that she did not feel all the possibilities have been explored to
Planning Commission Minutes
January 27, 1998
Page 6
.
avoid the need for a variance. Commissioner Cote stated he felt the Shoreland
Ordinance should be followed.
Chair Mesich opened the public hearing.
Mr. Trossen stated Mr. Kramka's comments indicate he is comfortable with the
project as proposed. Mr. Trossen explained that a three story building would
reduce the impervious area, a two story building has been presented in order to
accommodate the Lake Owner's Association's request for the least visual impact
as possible.
Discussion followed regarding Larry Kramka's comments and whether or not to
act on the commercial area issue at this time.
Carol Mills indicated taking the commercial component out of the project would
not be acceptable to Guardian Angels.
There being no other comments from the public, Chair Mesich closed the public
hearing.
.
COMMISSIONER KUESTER MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE REQUEST BY GUARDIAN ANGELS OF ELK RIVER FOR A LAND USE
PLAN AMENDMENT, PUBLIC HEARING CASE NO.LU 97-2 BASED ON THE FINDINGS IN
THE STAFF REPORT. The motion died for lack of a second.
Discussion followed regarding the proposed land use designation. Commissioner
Anderson indicated he felt the proposal by Guardian Angels exceeds what fits on
this size parcel of property.
Further discussion followed regarding why the assisted living is being considered
commercial.
Members of the Planning Commission were in agreement the commercial area
would be more acceptable if the variance were closer to 30% impervious area,
rather than 40 percent or more.
COMMISSIONER COTE MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY
GUARDIAN ANGELS OF ElK RIVER FOR A LAND USE PLAN AMENDMENT FROM MR
(MEDIUM DENSITY RESIDENTIAL) TO HR (HIGH DENSITY RESIDENTIAL) AND CC
(COMMUNITY COMMERCIAL), PUBLIC HEARING CASE NO. P 97-12, BASED ON THE
FOLLOWING FINDINGS:
1. THE LAND USE PLAN AMENDMENT IS CONSISTENT WITH THE PROPOSED
PLANNED UNIT DEVELOPMENT.
2. LAND USE AMENDMENT PROVIDES A TIERING OF INTENSE LAND USE
ADJACENT TO HIGHWAY INTERSECTION TO A LOWER DENSITY ADJACENT TO
THE LAKE.
.
Planning Commission Minutes
January 27. 1998
Page 7
.
3.
THE LAND USE AMENDMENT IS CONSISTENT WITH THE CITY'S LAND USE PLAN
STRATEGY TO FOCUS COMMERCIAL AT SIGNALIZED INTERSECTIONS AND
HAVING COMPLIMENTARY LAND USES SURROUND THE COMMERCIAL.
COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
COMMISSIONER COTE MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY
GUARDIAN ANGELS OF ELK RIVER FOR ZONE CHANGE FROM R2 (TWO FAMILY
RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT), PUBLIC HEARING CASE NO.
ZC 97-4, BASED ON THE FOLLOWING FINDINGS:
1. RECENT FRONTAGE ROAD IMPROVEMENTS HAVE CHANGED THE CHARACTER
OF THE PROPERTY TO WARRANT A REZONING.
2. A PLANNED UNIT DEVELOPMENT ALLOWS A COMPREHENSIVE REVIEW OF
DEVELOPING THE PROPERTY.
3. REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE PLAN.
4. THE EXISTING FRONTAGE ROAD HAS BEEN DESIGNED TO ACCOMMODATE
AN INCREASED DENSITY OF DEVELOPMENT ON THIS SITE.
COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
.
COMMISSIONER COTE MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY
GUARDIAN ANGELS FOR APPROVAL OF PRELIMINARY PLAT, PUBLIC HEARING CASE
NO. P 97-12, WITH THE FOLLOWING CONDITIONS:
1. A DEVELOPER'S AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT
BE SIGNED AND RECORDED ALONG WITH THE PLAT.
2. ALL COMMENTS FROM TERRY MAURER'S MEMO DATED DECEMBER 18, 1997
BE INCORPORATED INTO THE PLAT FOR APPROVAL.
3. AN NPDES PERMIT BE OBTAINED PRIOR TO COMMENCING GRADING ON-
SITE.
4. APPROPRIATE EASEMENTS BE DEDICATED ON THE PLAT. THIS INCLUDES
INCREASING THE EASEMENT ALONG THE PRIVATE STREETS TO 60 FEET IN
WIDTH.
5. A COMPLETE GRADING/DRAINAGE PLAN ALONG WITH CALCULATIONS BE
PROVIDED FOR STAFF REVIEW. ALL PONDS AND STORM SEWER SYSTEM MUST
BE CONSISTENT WITH EASEMENTS ON PLAT.
6.
PLAT APPROVAL IS CONTINGENT UPON THE LAND USE PLAN AMENDMENT,
REZONING AND CONDITIONAL USE PERMIT FOR A PLANNED UNIT
DEVELOPMENT BEING APPROVED.
.
Planning Commission Minutes
January 27, 1998
Page 8
.
7.
ASSOCIATION DOCUMENTS SHALL BE REVIEWED BY CITY AND DNR PRIOR TO
RECORDING THE PLAT WITH SHERBURNE COUNTY AND RECEIVING SITE PLAN
APPROVAL.
8. PARK DEDICATION FEES BE PAID FOR THE TOWNHOME UNITS AND
COMMERCIAL PROPERTY. THE FEES WILL BE BASED ON THE RATE AT THE TIME
OF FINAL PLAT AND SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
9. WATER AVAILABLE CHARGE BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR
TO RELEASING THE PLAT FOR RECORDING.
10. APPLICANT CONSULT WITH ELK RIVER UTILITIES FOR ANY ADDITIONAL
CHARGES RELATING TO UTILITY INSTALLATION OR HOOKUP CHARGES.
11. SURFACE WATER MANAGEMENT FEE BE PAID PRIOR TO RELEASING THE PLAT
FOR RECORDING. THE FEE WILL BE BASED ON THE LAND USE APPROVED AS
PART OF THE PUD.
12. ACCORDING TO THE SHORELAND ORDINANCE CERTAIN CRITERIA TO
PRESERVE AND MAINTAIN THE OPEN SPACE OF THE PUD MUST OCCUR. THESE
GUIDELINES WILL NEED TO BE MET AND MADE PART OF THE PLAT WHERE
APPLICABLE.
13.
A FINANCIAL GUARANTEE FOR 100 PERCENT OF THE IMPROVEMENT COSTS
BY PROVIDED TO THE CITY PRIOR TO ANY WORK COMMENCING ON SITE.
.
14.
GUARDIAN ANGELS OF ELK RIVER, INC. SHALL BE ASSESSED FOR THEIR
PORTION OF A POTENTIAL LAKE ORONO IMPROVEMENT PROJECT.
COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTIO CARRIED 5.1.
Commissioner Anderson opposed.
COMMISSIONER COTE MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY
GUARDIAN ANGELS OF ELK RIVER FOR A CONDITIONAL USE PERMIT FOR 80 ASSISTED
LIVING UNITS (60 UNITS IN PHASE 1) AND 20 TOWNHOMES, PUBLIC HEARING CASE
NO. CU 97.20, WITH THE FOLLOWING CONDITIONS:
1. COMMENTS OUTLINED IN TERRY MAURER'S LETTER DATED DECEMBER 18, 1997
BE INCORPORATED INTO THE PLANS FOR APPROVAL.
2. A COMPLETE LANDSCAPING PLAN BE PROVIDED FOR PHASE I OF THE
PROJECT. THIS PLAN SHALL INCLUDE ADDITIONAL LANDSCAPING ALONG
LAKE ORONO AND ALONG THE WEST PROPERTY LINES.
3. ELEVATIONS OF THE ASSISTED LIVING AND TOWNHOME UNITS SHALL BE
SUBMITTED FOR REVIEW.
4.
THE TOWN HOMES ALONG THE LAKE SHALL BE A SINGLE STORY STRUCTURE,
ASSISTED LIVING BE NO HIGHER THAN A THREE.STORY BUILDING, AND THE
COMMERCIAL BUILDING BE LIMITED TO 40 FEET IN HEIGHT.
.
.
.
.
Planning Commission Minutes
January 27, 1998
Page 9
5.
ALL ELECTRICAL TRANSFORMERS MUST BE A MINIMUM OF 10 FEET FROM THE
BUILDING, UNLESS A NON;.FLAMMABLE WALL IS CONSTRUCTED PER BUILDING
CODE.
6. ALL AREAS DISTURBED BY GRADING SHALL BE REESTABLISHED WITH TOPSOIL
AND VEGETATION.
7. EITHER THE PLANS BE MODIFIED TO MEET THE MAXIMUM 25% IMPERVIOUS
AREA IN TIERS 2 AND 3 OR A VARIANCE BE GRANTED.
8. ALL OF THE COMMENTS OUTLINED IN THE SITE PLAN REVIEW SECTION OF THE
STAFF REPORT TO THE PLANNING COMMISSION DATED DECEMBER 23, 1997
BE INCORPORATED INTO THE DEVELOPMENT PLANS.
9. THE NUMBER OF DOCKS ALLOWED ON LAKE ORONO BE LIMITED TO ONE FOR
THE ASSISTED LIVING AND ONE FOR EVERY TWO TOWN HOME UNITS.
10. SIGNAGE FOR THE TOWNHOUSE AND ASSISTED LIVING CONSIST OF
MONUMENT STYLE SIGNS. A COMPLETE SIGN PACKAGE SHOULD BE
SUBMITTED ALONG WITH THE FINAL DEVELOPMENT PLANS.
11. SIGNAGE FOR THE COMMERCIAL COMPONENT OF THE PUD SHALL BE A
MONUMENT STYLE SIGN. THE SPECIFIC SIZE AND AREA WILL BE REVIEWED AT
THE TIME OF A SPECIFIC DEVELOPMENT PROPOSAL.
12.
THE APPROVED CONCEPT PLAN FOR THE PLANNED UNIT DEVELOPMENT
APPLIES ONLY TO THE TOWN HOME (20 UNITS) AND ASSISTED LIVING
COMPONENT (80 UNITS). THE COMMERCIAL COMPONENT WILL BE
REVIEWED AT A LATER DATE AND A SPECIFIC SQUARE FOOTAGE WILL BE
APPROVED AT THAT TIME.
13. THE COMMERCIAL COMPONENT OF THE PUD SHALL BE LIMITED TO THE USES
ALLOWED IN THE C2 (OFFICE DISTRICT) SECTION OF THE ZONING
ORDINANCE.
14. AN EMERGENCY/TRAIL CORRIDOR BE CONSTRUCTED IN THE SOUTHEAST
CORNER OF THE PROJECT CONNECTING THE ELK MOTEL DRIVEWAY WITH
ORONO LAKE DEVELOPMENT.
15. REVISED DEVELOPMENT PLANS SHALL BE SUBMITTED IN ACCORDANCE WITH
THE CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF BUILDING PERMITS.
COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5.1.
Commissioner Anderson opposed.
Commissioners Thompson and Anderson will attend the February 9, 1998 City
Council public hearing on these items.
.
.
.
Planning Commission Minutes
January 27, 1998
Page 10
Staff report by Steve Ach. Dynamics Design and Land Company has requested
preliminary plat approval to subdivide approximately 71 acres located
approximately % mile east of County Road No. 1 and south of County Road No.
33, into twenty 2-1/2 acre single family lots. Steve reviewed issues associated with
the plat regarding roads, trees, wetlands, easements, lot areas, the status of
Outlots A. Band C, etc., as addressed in the staff report to the Planning
Commission dated January 27, 1998. Staff recommends approval of the request
with the conditions outlined in the report.
Chair Mesich opened the public hearing.
Dave Madden, 21010 Concord Street, asked who will pay for the turn lanes for the
development. Steve Ach stated the developer would incur the expenses. Mr.
Madden expressed concern the runoff from Outlot C would flow onto his
property.
There being no other public comments, Chair Mesich closed the public hearing.
Terry Maurer stated the drainage calculations appear to be adquate and there
should be no runoff onto Mr. Madden's property.
COMMISSIONER THOMPSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST
BY DYNAMICS DESIGN AND LAND CO. FOR PRELIMINARY PLAT APPAROVAL
(WINDSOR WOODS), PUBLIC HEARING CASE NO. P 97.20, WITH THE FOLLOWING
CONDITIONS:
1. A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLlNG THE
REQUIRED IMPROVEMENTS.
2. ALL THE COMMENTS IN THE CITY ENGINEER'S MEMO DATED JANUARY 21,
1998, BE INCORPORATED INTO REVISED PRELIMINARY AND FINAL PLAT.
3. A GRADING AND EROSION CONTROL PLAN BE SUBMITTED TO THE CITY AND
APPROVED BY THE CITY ENGINEER PRIOR TO COMMENCING GRADING ON
SITE.
4. AN NPDS PERMIT FROM MINNESOTA POLLUTION CONTROL AGENCY BE
OBTAINED PRIOR TO COMMENCING GRADING ON SITE.
5. IF SEPTIC SYSTEMS ARE PROPOSED WITHIN THE NSP POWER LINE EASEMENT, A
LETTER FROM NSP WILL NEED TO BE SUBMITTED AUTHORIZING THE
INSTALLATION OF A SEPTIC SYSTEM AT THIS LOCATION. A LETTER SHOULD
ALSO BE SUBMITTED FROM NSP STATING THEIR APPROVAL FOR ALLOWING A
RESIDENTIAL DRIVEWAY THROUGH THE EASEMENT TO SERVICE LOTS 1 AND 2,
BLOCK 2.
6.
ALL THE DRIVEWAYS FROM THE PLAT SHALL BE PAVED 35 FEET BACK FROM
THE CURB WITH AN IMPROVED SURFACE TO REDUCE THE AMOUNT OF
AGGREGATE FROM UNIMPROVED PRIVATE DRIVEWAYS ONTO THE PUBLIC
STREET.
.
.
.
Planning Commission Minutes
January 27, 1998
Page 11
7.
ALL OF THE WETLAND APPROVALS MUST BE OBTAINED PRIOR TO FINAL PLAT
APPROVAL. THIS INCLUDES LETTERS FROM THE CORPS OF ENGINEERS AND
OTHER APPROPRIATE WETLAND AGENCIES.
8. A RESTRICTIVE COVENANT SHALL BE PLACED ON THE REPLACEMENT
WETLANDS AND RECORDED ALONG WITH THE PLAT.
9. A PERMIT SHALL BE OBTAINED FROM SHERBURNE COUNTY TO OUTLET STORM
DRAINAGE INTO COUNTY DITCH NO. 31.
10. A PERMIT FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT SHALL BE
OBTAINED FOR CONSTRUCTION OF AN EASTBOUND RIGHT TURN LANE ON
COUNTY ROAD NO. 33. ALSO, THE PERMIT SHALL COVER ANY ADDITIONAL
WORK THAT IS TO OCCUR WITHIN THE COUNTY'S RIGHT OF WAY.
11. THAT PORTION OF OUTLOT B WHICH EXTENDS INTO THE COUNTY RIGHT OF
WAY SHALL BE "CUT BACK" OUT OF THE RIGHT OF WAY.
12. THE STORM WATER POND TOWARDS THE SOUTH END OF THE PLAT SHALL BE
SHIFTED TO THE EAST AWAY FROM THE EXISTING TREE LINE. THIS WILL REDUCE
THE CHANCE OF SEVERING THE TREES' ROOTS AND DESTROYING THEM
ALONG WITH CONSTRUCTION OF A POND.
13. OUTLOT A SHALL BE COMBINED WITH THE ADJACENT PROPERTY.
14.
THE DEVELOPER SHALL BE RESPONSIBLE FOR INSTALLING REQUIRED STREET
LIGHTS AND STREET SIGNS AS PART OF STREET CONSTRUCTION.
15. SHARED DRIVEWAYS SHALL BE UTILIZED IN AREAS WHERE THE GRADES ARE
TOO STEEP AND/OR TREES NEED TO BE SAVED.
16. ANY GRADING ON THE ADJACENT PROPERTY TO THE SOUTH SHALL BE DONE
WITH CONSENT OF THE PROPERTY OWNER.
17. PARK DEDICATION SHALL BE SATISFIED BY THE PAYMENT OF CASH AT THE PER
LOT RATE AT THE TIME OF FINAL PLAT. THIS SHALL BE PAID PRIOR TO
RELEASING THE PLAT FOR RECORDING.
18. A SURFACE WATER MANAGEMENT FEE BE PAID PRIOR TO RELEASING THE
PLAT FOR RECORDING.
19. LETTER OF CREDIT TO GUARANTEE THE IMPROVEMENT BE SUBMITTED PRIOR TO
COMMENCING WORK ON THE SITE.
20. A LANDSCAPE PLAN FOR OUTLOT B BE SUBMITTED FOR STAFF REVIEW. THE
PLAN SHOULD CONSIST OF LOW MAINTENANCE MATERIAL AND NOT
OBSTRUCT VISBILlTY.
21. A 50 FOOT DRAINAGE AND UTILITY EASEMENT SHALL BE ESTABLISHED
ACROSS THAT PORTION OF OUTLOT C WHICH IS ADACENT TO OUNTY DITCH
NO. 31.
.
.
,
Planning Commission Minutes
January 27. 1998
Page 12
22.
PRIOR TO ISSUANCE OF BUILDING PERMITS THE SITE GRADING SHALL BE
COMPLETED AND CERTIFIED.
23. A GRADING AND DEVELOPMENT PLAN SHOWING HOUSE PAD LOCATIONS
AND FINISHED FLOOR ELEVATONS SHALL BE SUBMITTED AND RVIEWED BY THE
CITY ENGINEER. THIS PLAN WILL NEED TO BE APPROVED PRIOR TO ISSUANCE
OF BUILDING PERMITS.
24. A SEALCOATING FEE IN AN AMOUNT TO BE DETERMINED BY THE CITY
ENGINEER SHALL BE PAID PRIOR TO RECORDING THE PLAT.
COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
staff report by Scott Harlicker, Planning Assistant. Elk River Municipal Utilities is
requesting a conditional use permit to construct a municipal well, filtration plant
and backwater seepage pond on property located north of Meadowvale School
adjacent to the city trail.
Chair Mesich opened the public hearing. There being no comment from the
public, Chair Mesich closed the public hearing.
Discussion followed regarding why this site was selected, which property owners
were notified of the public hearing, and the possibility of constructing a water
tower on this site in the future. Terry Maurer felt it would be at least five years
before another water tower would be constructed and Elk River Municipal Utilities
is looking at other sites besides this one.
COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST
BY ELK RIVER MUNICIPAL UTILITIES FOR A CONDITIONAL USE PERMIT, PUBLIC
HEARING CASE NO. CU 98-1, WITH THE FOLLOWING CONDITIONS:
1. THIS CONDITIONAL USE PERMIT INCLUDE THE WELL, FILTRATION PLANT AND
SEEPAGE POND. THE CONDITIONAL USE PERMIT CAN BE AMENDED WHEN THE
WATER TOWER IS SCHEDULED FOR CONSTRUCTION.
2. THE EXTERIOR OF THE FILTER PLANT BE AN EARTH TONE.
3. THE DRIVEWAY BE PAVED.
4. A GRADING AND EROSION CONTROL PLAN BE PROVIDED.
5. A LANDSCAPE PLAN AND TREE PRESERVATION PLAN BE PROVIDED.
6. THE CITY ENGINEER'S COMMENTS SHALL BE ADDRESSED.
7. MUNICIPAL UTILITIES WILL SHARE IN THE COST OF TRAIL IMPROVEMENTS AND
UPKEEP NEEDED TO MAINTAIN VEHICULAR ACCESS ON THE TRAIL.
COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
,
,
,
Planning Commission Minutes
January 27, 1998
Page 13
COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION ACCEPT THE
CLOSURE STATEMENT OF ELK TERRACE MOBILE HOME PARK, SUBMIT THE CLOSURE
STATEMENT TO THE CITY COUNCIL AND REQUEST A PUBLIC HEARING BE SCHEDULED
FOR THE PARK CLOSURE. COMMISSIONER COTE SECONDED THE MOTION. THE
MOTION CARRIED 6-0.
An "Action Taken" agenda from the January 20, 1998 City Council meeting was
distributed to the Planning Commissioners. Commissioner Kuester noted the City
Council voted to postpone ordinance amendment indefinitely for changeable
copy signs.
March 9, 1998 is tentatively scheduled for a joint meeting with the City Council.
Chair Mesich indicated there is still a vacancy for one of the Planning
Commissioners to attend the National Planning Conference.
There being no further business, COMMISSIONER COTE MOVED TO ADJOURN THE
MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION
CARRIED 6-0.
The meeting of the Elk River Planning Commission adjourned at 10: 18 p.m.
Respectfully submitted,
O~i~
Debbie Huebner
Recording Secretary