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07-28-1998 PC MIN . . . &~~~@W~~ MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, JULY 28,1998 Members Present: Chair Mesich, Commissioners Chambers, Cote, Kuester, Morris, Thompson and Schuster Members Absent: None Staff Present: Scott Harlicker, Assistant Planner; Steve Wensman, Planner; Paul Steinman, Director of Economic Development; Terry Maurer, City Engineer; Peter Beck, City Attorney; Debbie Huebner, Recording Secretary Pursuant to due call and notice thereof. the meeting of the Elk River Planning Commission was called to order at 6:53 p.m. by Chair Mesich. COMMISSIONER COTE MOVED TO APPROVE THE JULY 28, 1998, PLANNING COMMISSION AGENDA WITH THE FOLLOWING CHANGES: -ITEMS 5.10. THROUGH 5.15. - PHOENIX ENTERPRISES REQUESTS FOR HILLSIDE ESTATES 8TH AND 9TH ADDITIONS - POSTPONED TO THE AUGUST 25, 1998 MEETING COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER THOMPSON MOVED TO APPROVE THE JUNE 23, 1998 MINUTES. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 7-0. Commissioner Kuester will attend the August 17, 1998 City Council Meeting. Paul Steinman, Director of Economic Development, indicated the Planning Commission is asked to determine if Tax Increment Financing District No. 20 plan is in conformance with the city's Comprehensive Plan. The district is proposed to be established for Lot 2, Block 1, Elk River Industrial Park. Supermats Inc. proposes to combine its manufacturing, warehousing and distribution in Elk River by constructing an approximately 35,000 to 40,000 square foot industrial facility. Planning Commission Minutes July 28, 1998 Page 2 . COMMISSIONER THOMPSON MOVED TO APPROVE RESOLUTION NO. 98-3, RESOLUTION OF THE CITY OF ELK RIVER PLANNING COMMISSION FINDING THAT THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR MUNICIPAL DEVELOPMENT DISTRICT NO.1 AND THE ADOPTION OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 20 CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0. Staff report by Scott Harlicker. The City of Elk River has requested an ordinance amendment to setback requirements for telecommunication towers. Scott indicated the current setback requirement is the height of the tower from all property lines. He reviewed setback requirements of various other cities, as well as the proposed new setbacks. Staff recommends approval of the setbacks stated in the staff report. Staff and the Commissioners discussed modifying the language in the proposed ordinance, item I.i., which would prevent towers from being located between a principal structure and the street. Chair Mesich opened the public hearing. . Ken Nielson, U.S. West Wireless, indicated that other cities' ordinances state that a tower may not be located in a front yard. Peter Beck, City Attorney, suggested that language could be changed to state that towers shall not be located between a principal structure and adjoining public street. Mr. Nielson stated that other cities where they have towers require setbacks equal to the underlying zoning. He distributed a letter from the manufacture of the monopole which explains how the pole is designed to bend like an upside- down "J" at wind speeds over 175 mph to offset wind resistance. The information also stated that thousands of monopoles have been built which are very similar to this type without a single one collapsing. There being no comments from the public, Chair Mesich closed the public hearing. COMMISSIONER COTE MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF ORDINANCE NO. 98-_, AN ORDINANCE OF THE CITY OF ELK RIVER AMENDMING SECTION 900.12 OF THE CITY CODE OF ORDINANCES, PUBLIC HEARING CASE NO. OA 98-2, REGARDING TELECOMMUNICATION SETBACKS WITH THE LANGUAGE CHANGE PROPOSED BY THE CITY ATTORNEY. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0. . Staff Report by Scott Harlicker. U.S. West Wireless has requested a zone change to Antenna Overlay District (AT) and a conditional use permit for a wireless . . . Planning Commission Minutes July 28. 1998 Page 3 communication antenna tower and equipment building. The applicant is proposing to locate a 150 foot tall self supporting monopole on a 2 acre leased site on Lot 4, Block 2, of the Elk River Industrial Park, near the northeast corner of an existing building. Staff recommends approval of both requests based on the findings and conditions outlined in the staff report dated July 28, 1998. Chair Mesich opened the public hearing. Ken Nielson, representing U.S. West Wireless, reviewed other U.S. West Wireless antenna sites and why the Elk River location is needed to provide continuous coverage. Mr. Nielson requested that U.S. West be allowed to install connections from the tower at a lower height than recommended by staff. He also requested deletion of the condition to require painting of the accessory structures to match the existing building. He explained that the structures will be fenced blue slat will be installed in the fencing so that it will match the existing building. There being no further public comment, Chair Mesich closed the public hearing. COMMISSIONER KUESTER MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY U.S. WEST WIRELESS FOR REZONING TO ANTENNA OVERLAY DISTRICT, PUBLIC HEARING CASE NO. ZC 98-5, CONTINGENT UPON APPROVAL OF ORDINANCE AMENDMENT NO. OA 98-2, AND BASED ON THE FOLLOWING FINDINGS: 1. THE REZONING IS COMPATIBLE WITH THE SURROUNDING LAND USES AND WOULD NOT ADVERSELY AFFECT THE PROPERTY UNDER CONSIDERATION FOR REZONING. 2. THE PROPOSED REZONING IS NECESSARY IN ORDER TO PROVIDE EFFECTIVE WIRELESS TELECOMMUNICATION COVERAGE FOR THE CITY. 3. THE REZONING IS IN ACCORDANCE WITH THE COMPREHENSIVE PLAN FOR THE CITY. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER KUESTER MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY U.S. WEST WIRELESS FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 98-16, WITH THE FOLLOWING CONDITIONS: 1. THE TOWER BE DESIGNED TO ACCOMMODATE 2 ADDITIONAL USERS. 2. FENCING SHALL BE 8 FEET TALL AND A COLOR TO MATCH THE EXISTING BUILDING. 3. THE TOWER SHALL BE A COLOR THAT BLENDS IN WITH THE SURROUNDING ENVIRONMENT. 4. NO SIGNS, LIGHTING OR ADVERTISING ARE ALLOWED ON THE TOWER. 5. THE APPLICANT SHALL SUPPLY AN INTERMODULATION STUDY TO EVALUATE ANY POTENTIAL INTERFERENCE PROBLEMS. . . . Planning Commission Minutes July 28. 1998 Page 4 6. AN ENGINEERED FALL ZONE ANALYSIS CONDUCTED BY A QUALIFIED STRUCTURAL ENGINEER SHALL BE PROVIDED. THIS REPORT SHALL SPECIFY IN WRITING THAT ANY COLLAPSE OF THE TOWER WILL OCCUR WITHIN A SPECIFIED FALL ZONE WITHIN A LESSER DISTANCE THAN THE SETBACK. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 7-0. Staff report by Scott Harlicker. Dynamics Design & Land Company has requested amendment to a previously approved preliminary plat to subdivide 92 acres into 8 single family lots. The applicant is now proposing to subdivide the property into 4 lots. Chair Mesich opened the public hearing. There being no comments from the public, Chair Mesich closed the public hearing. Commissioner Cote questioned why the small strip of land to the north of Lot 4, Block 1, was necessary. He suggested the strip be deeded to the property owner to the east. COMMISSIONER COTE MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE PRELIMINARY PLAT REQUEST BY DYNAMICS DESIGN & LAND COMPANY, CASE NO. P 98-2, WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND NECESSARY ROAD CONSTRUCTION BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. ALL THE COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 3. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF PUBLIC IMPROVEMENTS BE PROVIDED PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. A SURETY BOND IN THE AMOUNT OF 25% BE PROVIDED TO THE CITY UPON COMPLETING PUBLIC IMPROVEMENTS FOR A ONE YEAR PERIOD TO GUARANTEE QUALITY OF WORK. 5. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $275.32 BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. PARK DEDICATION FEE IN THE AMOUNT OF $1300.00 BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 7. A SEAL COATING FEE TO BE DETERMINED BY THE CITY ENGINEER PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. STREETLIGHTS BE PROVIDED PER ELK RIVER UTILITIES RECOMMENDATION. 9. APPLICANT SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO ANY WETLAND DISTURBANCE. . . . Planning Commission Minutes July 28. 1998 Page 5 10. OUTLOT A BE COMBINED WITH THE ADJACENT PARCEL TO THE SOUTH 11. STAFF WORK WITH THE DEVELOPER TO MODIFY LOT 4 TO ALLOW ACCESS TO THE PROPERTY TO THE EAST OF THE DEVELOPMENT. COMMISSIONER MORRIS SECONDED THE MOTION. THE MOTION CARRIED 7-0. Staff report by Steve Wensman, Planner. Howard and Linda Abel have requested a conditional use permit to operate a private kennel at the home they plan to purchase at 21031 Elk lake Road. Steve explained that there is a vegetative buffer separating the proposed kennel from the adjoining residence. Staff recommends approval of the request based on the conditions outlined in the staff report. Chair Mesich opened the public hearing. Greg Mills, 21133 Elk Lake Road, stated his bedroom window would be only about 50 feet from the kennels. He expressed his concern that the noise from barking dogs would be a concern and stated he opposed the request. He indicated he would have no recourse if problems arose after approval of the permit. Howard (Skip) Abel, applicant, indicated he and his wife have been showing boxers for approximately 10 years and have only had 3 litters. He stated he currently lives in a city and has not had a problem with dogs barking. Jeff Lamm, 21160 Elk Lake Road, questioned whether or not it would be poor planning to have a dog kennel abutting the Windsor Woods development. Mr. lamm indicated he owns 50 acres across from the subject property. Mr. Mills stated he was approached by the Abel's realtor and asked how he felt about dogs, but he was not told they intended to operate a kennel. Marly Glines questioned what type of kennel Mr. Abel was proposing. Staff explained that the Abel's were proposing to operate a private kennel, not a commercial kennel. Mr. Glines indicated he is the owner of the Windsor Woods development and did not feel it would be appropriate to having barking dogs next to a development having homes in the $180,000 - $400,000 range. Mr. Abel, applicant, explained that the kennel would not be operated as a business. He indicated the dogs would be brought in at night. Mrs. Abel noted that she works out of her home and would be available to monitor the dogs during the daytime. Mr. Miller asked if there were other kennels in the city. Chair Mesich indicated that there are 3 other licensed kennels. Chair Mesich noted that he contacted the community service officer in the community where the Abel's currently reside and was told there have been no complaints regarding their dogs. Also, he explained to the Miller's that he would have recourse if there is a problem with . . . Planning Commission Minutes July 28, 1998 Page 6 the kennel, because the kennel is inspected annually before the license is renewed. There being no other comments from the public, Chair Mesich closed the public hearing. COMMISSIONER COTE MOVED THE PLANNING COMMISSION RECOMMEND APPOVAL OF THE REQUEST BY HOWARD AND LINDA ABEL FOR A CONDITIONAL USE PERMIT TO OPERATE A PRIVATE KENNEL, PUBLIC HEARING CASE NO. CU 98-19, WITH THE FOLLOWING CONDITIONS: 1. THAT THERE BE NO ON-SITE COMMERCIAL ACTIVITIES 2. THAT THE PRIVATE KENNEL BE LIMITED TO 6 DOGS 3. THAT ANIMAL WASTE BE DISPOSED OF PROPERLY. 4. THAT THE DOGS BE CONFINED TO THE GARAGE INDOOR KENNEL AREA IN THE EVENINGS 5. THAT THE GARAGE BE FULLY INSULATED 6. THAT THE KENNEL LICENSE BE APPROVED BY THE CITY COUNCIL. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. Scott Harlicker and Terry Maurer reviewed recommendations made in their reports to the Planning Commission regarding the Sand Companies' requests. Chair Mesich opened the public hearing. Tammy Ayers, 11383189th Avenue NW, expressed her concerns regarding increased traffic and speeding, location of the entrance near her driveway, trash enclosure, headlights shining into her home, noise, safety of children, condition of the pond, and decreased value of her property. She also was concerned for type of people that may stay at the hotel. Jamie Thelen, representing the developer, indicated a neighborhood meeting was held on July 22nd to discuss the concerns of the residents. Ms. Ayers indicated she did not receive notice of this meeting. Mr. Thelen indicated that the hotel will maintain the pond and the other properties in the Elk River Retail Center will pay a pro rata share of the costs. He noted that the trash enclosure will be enclosed in a locked shed designed to match the hotel. Arlon Fuchs, 266 Elk Hills Drive, requested that the height of the berm be maintained. He stated that there has been no maintenance of the pond to date. Planning Commission Minutes July 28, 1998 Page 7 . Mr. Thelen stated Country Inn & Suites is more of an upscale, mid-price hotel. not an economy motel. He indicated many of the units are 2 room suites, with a pool area and meeting rooms. He explained that there is also a breakfast area which will hold 50 to 75 people. Mr. Thelen noted there are considering adding a larger, banquet size meeting room, since it appears there is a need for this type of facility in Elk River. Mr. Thelen stated that the parking issue has not been worked out with the prospective clinic user, but felt the two uses would be compatible, since the peak hotel traffic would be evenings and weekends when the clinic would be closed. Mr. Thelen reviewed his concerns regarding the staff recommendations for the preliminary plat and conditional use permit, as outlined in his letter to the Planning Commission dated July 28, 1998. He felt shifting of the lot line for Lot 2 may cause loss of the sale to the clinic. Discussion followed regarding the location of the southern entrance near Perkins and the need for designating a pedestrian corridor between the hotel and the restaurant. A discussion was held regarding the possibility of including architectural treatments on the building's side elevations. Mr. Thelen offered reasons why it was not possible to install windows. . The height of the sign was debated. Mr. Thelen explained that he felt the 30 foot sign height they requested was necessary for visibility from Highway 169 due to the large trees on MN/DOT's property and the proposed pedestrian walkway over Highway 169. Commissioner Cote expressed his support for the staff recommendations on the preliminary plat and conditional use permit with the exception that he had no objection to the 30 foot sign proposed by the applicant; and, to include a recommendation that the trash receptacle be placed in a more centralized location away from the single family residences. Commissioner Schuster indicated he also is concerned about the traffic on 189th. Terry Maurer suggested the Planning Commission make a recommendation to the City Council for an all way traffic study at Dodge and 189th. Mr. Thelen indicated they could possibly have room for all the required parking if they designed the stalls at 18 ft. and narrowed the rock and shrub landscaped area, but stated the project would not proceed forward if they are not granted the 30 foot sign height. Commissioner Morris indicated he felt a lighted pedestrian corridor from the hotel to the Perkins Restaurant should be included. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY SAND COMPANIES FOR AN AMENDMENT TO THE PUD AGREEMENT FOR ELK RIVER RETAIL CENTER TO ALLOW HOTELS AND MOTELS AS A CONDITIONAL USE. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 7-0. . . . . Planning Commission Minutes July 28, 1998 Page 8 COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY SAND COMPANIES FOR PRELIMINARY PLAT (ELK RIVER RETAIL CENTER 2ND), PUBLIC HEARING CASE NO. P 98-3, WITH THE FOLLWING C CONDITIONS: 1. THE LOT LINES BE ADJUSTED SO THE PARKING NEEDED FOR THE MOTEL IS CONSTRUCTED ON LOT 1. 2. A 20 FOOT EASEMENT ALONG THE NORTH PROPERTY LINE OF LOT 1 BE DEDICATED TO ALLOW CONSTRUCTION OF A PEDESTRIAN PATHWAY. 3. AN AMENDED PLANNED UNIT DEVELOPMENT AGREEMENT BE SIGNED AND RECORDED PRIOR TO RECORDING THE PLAT. 4. ALL COMMENTS IN THE CITY ENGINEER'S MEMO DATED 7/22/98 BE INCORPORATED INTO THE PLAT. 5. CROSS ACCESS PARKING AGREEMENT BE PREPARED AND REVIEWED BY THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. THE DRAINAGE AND UTILITY EASEMENT EXTENDING THROUGH LOT 2 BE VACATED PRIOR TO RECORDING THE PLAT. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY SAND COMPANIES, INC. FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 98-18, BASED ON THE FOLLOWING CONDITIONS AS RECOMMENDED BY STAFF; 1. THE FREESTANDING SIGN COMPLY WITH THE ORIGINAL PUD AGREEMENT WHICH ALLOWED A 20 FOOT HIGH MONUMENT SIGN WITH A WIDTH OF 15 FEET. ALL SIGNS WILL REQUIRE SIGN PERMITS. 2. THE LANDSCAPE PLAN BE REVISED TO ADDRESS THE COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO AND THE STAFF REPORT. 3. ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED 7/22/98 BE INCORPORATED INTO THE PLANS. 4. ALL IMPROVEMENTS TO THE PARKING LOT FOR BOTH THE HOTEL AND THE OFFICE BUILDING SHALL BE CONSTRUCTED AS PART OF THIS PROJECT. 5. ALL ADDITIONAL PARKING NEEDED FOR THE PROPOSED EXPANSION WILL HAVE TO COMPLY WITH SETBACK REQUIREMENTS IN EFFECT AT THE TIME THE EXPANSION IS CONSTRUCTED. 6. THE TRASH RECEPTACLE LOCATION BE MOVED TO THE CENTER OF THE PLAT. 7. WORK WITH STAFF TO INCLUDE ARCHITECTURAL TREATMENTS FOR THE EAST AND WEST ELEVATION OF THE BUILDING. COMMISSIONER COTE SECONDED THE MOTION. Jamie Thelen indicated the project will not proceed forward with the sign height restricted to 20 feet. He stated that the sign visibility is so critical to the success of the hotel, the buyer will not take the site if it is not approved. THE MOTION CARRIED 7-0. . . . Planning Commission Minutes July 28. 1998 Page 9 Terry Maurer, City Engineer, indicated that city staff and the developers have come to an agreement on all issues except one regarding density of the town homes in the southwest corner of the plat. The issues that have been resolved are as follows: - The number of lots less than 80' wide have been reduced from 47 to 14 - The right-of-way issue has been resolved - The 32' wide public street issue - Number and size monument signs have been reduced Terry indicated the developer has proposed to reduce the number of townhomes located in the southwest corner by 4 units (2 eight plexes reduced to six plexes). Staff proposes the total number of these units be reduced from 156 to 144 in order to create more open space. Ed Hasek of Westwood Professional Services, presented a graphic which he felt illustrated the desired increased open space and reduction in density. Commissioner Cote indicated he felt the density was still to high. A discussion followed regarding the density of the townhomes. Chair Mesich opened the public hearing. John Kuester, Park & Recreation Commission representative, expressed his concern that the proposed park should be larger, and was concerned the wetlands in the park and adjacent to it will increase in size over time. He suggested filling of some of the wetlands be considered. There being no other comments from the public, Chair Mesich closed the public hearing. Terry Maurer, City Engineer, indicated he did not feel the Wetlands Tech Panel would look favorably on filling of wetlands to create more park land. Commissioner Morris questioned why the developers have not reduced the number of townhome units to meet the Planning Commission's request. Ed Hasek indicated the developers will be working with staff between now and the City Council meeting on August 3rd to further address this issue. COMMISSIONER COTE MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY CONTRACTOR PROPERTY DEVELOPER'S COMPANY FOR REZONING, PUBLIC HEARING CASE NO. ZC 97-1, BASED ON THE FOLLOWING FINDINGS: Planning Commission Minutes July 28, 1998 Page 10 . . 2. 3. 4. 5. 6. 7. . 1. RECENTLY APPROVED CHANGES TO THE ROAD NETWORK HAS IMPROVED TRANSPORTATION TO WARRANT A REZONING. 2. A PLANNED UNIT DEVELOPMENT ALLOWS A COMPREHENSIVE REVIEW OF DEVELOPING THE PROPERTY. 3. THE PROPOSED REZONING WILL BE CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN. 4. A PLANNED UNIT DEVELOPMENT ALLOWS FOR FLEXIBILITY IN SUBDIVISION DESIGN. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER COTE MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY CONTRACTOR PROPERTY DEVELOPER'S COMPANY FOR PRELIMINARY PLAT APPROVAL AND CONDITIONAL USE PERMIT FOR TROTT BROOK FARMS, PUBLIC HEARING CASE NUMBERS P 97-8 AND CU 97-11, WITH THE FOLLOWING CONDITIONS: 1. THE NUMBER OF TOWNHOUSES IN BLOCK 2 OF THE TOWNHOUSE DEVELOPMENT IN THE SOUTHWEST CORNER OF THE SITE BE REDUCED BY AT LEAST 8 ADDITIONAL UNITS, FROM 156 TO 136 TOTAL UNITS. THAT THE DEVELOPER WORK WITH STAFF TO CREATE A LARGER CENTRAL OPEN SPACE IN THE TOWNHOUSE DEVELOPMENT IN THE SOUTHWEST CORNER OF THE PLAT. THAT THE DEVELOPER DEMONSTRATE ON THE GRADING PLAN HOW THE TROTT BROOK TRAIL IS ACCESSED FROM STREET O. ELEVATIONS FOR THE TOWNHOUSE DEVELOPMENTS BE SUBMITTED FOR REVIEW AND APPROVAL. SIGNAGE FOR THE DEVELOPMENT SHALL BE REVIEWED AND APPROVED BY STAFF. ALL COMMENTS RAISED BY THE DEPARTMENT OF NATURAL RESOURCES SHALL BE INCORPORATED INTO THE PLAT. EACH SINGLE FAMILY LOT SHALL RECEIVE 1 STREET TREE AND 1 FRONT YARD TREE; CORNER LOTS SHALL RECEIVE 1 STREET TREE AND 1 FRONT YARD TREE PER STREET FRONTAGE. 8. A LANDSCAPING PLAN FOR THE TOWNHOUSE DEVELOPMENTS SHALL BE SUBMITTED FOR REVIEW AND APPROVAL BY THE CITY. 9. THAT THE DEVELOPER PROVIDE A PEDESTRIAN AND MAINTENANCE VEHICLE CORRIDOR TO OUTLET F FROM STREET N AS PER CITY ORDINANCE TO BE COORDINATED WITH A SEWER AND WATER CORRIDOR TO THE EAST OF THE PLAT. Planning Commission Minutes July 28, 1998 Page 11 SETBACK OF 25 FEET FROM THE FRONT PROPERTY LINES ON ALL STREETS EXCEPT STREETS A, F, J, 0, RAND S 11. ALL COMMENTS OF THE CITY ENGINEER SHALL BE INCORPORATED INTO THE PLANS. . 10. 12. PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS A DEVELOPMENT PLAN BE SUBMITIED OUTLINING STYLE OF HOUSE AND FINISHED GRADES ON EACH LOT. 13. 14. 15. 16. 17. 18. . 19. 20. 21. 22. 23. 24. 25. ALL STREETS BE BUILT TO CITY STANDARDS WITH THE EXCEPTION OF STREET A WHICH WILL BE LARGER. ALL COMMENTS FROM THE DNR SHALL BE INCORPORATED INTO THE PLANS. ALL COMMENTS OF THE CITY ENGINEER BE INCORPORATED INTO THE PLANS. RECOMMENDATIONS OF TIM EDGETON OF THE SHERBURNE COUNTY TREE BOARD BE INCORPORATED INTO THE PLANS. A DEVELOPERS AGREEMENT AND PUD AGREEMENT SHALL BE SIGNED AND RECORDED PRIOR TO RECORDING THE PLAT. PLAT APPROVAL IS CONTINGENT UPON THE REZONING AND CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT BEING APPROVED. PARK DEDICATION FEES BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. SURFACE WATER MANAGEMENT FEES BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. HOMEOWNERS ASSOCIATION DOCUMENTS SHALL BE REVIEWED BY THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. STREET LIGHTS SHALL BE INSTALLED PER ELK RIVER UTILITIES RECOMMENDATIONS. THE CITY ACCEPT OUTLOT F AS A CHARITABLE CONTRIBUTION FROM THE DEVELOPER. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 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 SUBMITIED TO THE CITY FOR A ONE YEAR PERIOD. 26. WATER AVAILABILITY CHARGE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. . . . . Planning Commission Minutes July 28, 1998 Page 12 27. ALL NECESSARY PERMIT SHALL BE RECEIVED PRIOR TO COMMENCING WORK WITHIN ANY EASEMENTS. 28. ALL COMMENTS IN PHIL HALS, THE STREET/PARK SUPERINTENDENT, SHALL BE INCORPORATED INTO THE PLANS. 29. ALL MAILBOXES SHALL BE CLUSTERED. 30. LANDSCAPE EASEMENTS SHALL BE INCLUDED AROUND ALL DEVELOPMENT AND NEIGHBORHOOD SIGNS. COMMISSIONER THOMPSON SECONDED THE MOTION. THEMOTION CARRIED 7-0. Staff report by Scott Harlicker. The City of Elk River is requesting an amendment to include an open space development plan in the City's zoning ordinance. Chair Mesich opened the public hearing. There were no comments from the public. COMMISSIONER THOMPSON MOVED TO CONTINUE THE PUBLIC HEARING FOR AN ORDINANCE AMENDMENT, CASE NO. OA 98-3, TO THE AUGUST 25, 1998, PLANNING COMMISSION MEETING. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 7-0. Commissioner Thompson reviewed the action taken on planning items at the July 20, 1998, City Council meeting. Scott Harlicker indicated that the 1999 budget for the Planning Commission is very similar to previous years with funds included for conferences and workshops. The Planning Commissioners had no comment on the proposed budget. There being no further business, COMMISSIONER THOMPSON MOVED TO ADJOURN THE MEETING. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the Elk River Planning Commission adjourned at 10:45 p.m. Respectfully submitted, f)dW~ Debbie Huebner Recording Secretary