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03-23-1999 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, MARCH 23, 1999 Members Present: Chair Cote, Commissioners Chambers, Kuester, Mesich, Schuster and Thompson. Members Absent: Commissioner Morris Staff Present: Scott Harlicker, Assistant Planner; Steve Wensman, Planner; Debbie Huebner, Recording Secretary 1 . Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:50 p.m. by Chair Cote. 2. Consider 3/23/99 Plannin~ Commission Aqenda COMMISSIONER MESICH MOVED TO APPROVE THE MARCH 23, 1999, PLANNING COMMISSION AGENDA AS AMENDED: ITEM 6.6. - REQUEST BY GOPHER STATE MINI STORAGE FOR CONDITIONAL USE PERMIT - REMOVED FROM AGENDA DUE TO DENIAL OF VARIANCE ITEM 7.2. - UPDATE ON MARCH 15, 1999, CITY COUNCIL MEETING - ADD TO AGENDA COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3. Consider Consent Agenda COMMISSIONER THOMPSON MOVED APPROVAL OF THE CONSENT AGENDA AS FOLLOWS: ITEM 3.1. - REQUEST BY GARY MARTIN FOR CONDITIONAL USE PERMIT TO PARK SEMI TRACTOR IN R1A ZONING, PUBLIC HEARING CASE NO. CU 99-7 - POSTPONED TO 4/27/99. ITEM 3.2. - REQUEST BY HERITAGE LANDING DEVELOPMENT CO. FOR ORDINANCE AMENDMENT TO ALLOW MINI STORAGE FACILITY IN C3 (HIGHWAY COMMERCIAL) ZONING DISTRICT, PUBLIC HEARING CASE NO. OA 99-1 - WITHDRAWN ITEM 3.3. - REQUEST BY HERITAGE LANDING DEVELOPMENT CO. FOR LAND USE AMENDMENT TO URBAN SERVICE AREA, PUBLIC HEARING CASE NO. LU 99-1 - WITHDRAWN ITEM 3.4. - REQUEST BY HERITAGE LANDING DEVELOPMENT CO. FOR CONDITIONAL USE PERMIT - MINI STORAGE FACILITY, PUBLIC HEARING CASE NO. CU 99-8- WITHDRAWN . . . Planning Commission Minutes March 23, 1999 Page 2 ITEM 3.5. - REQUEST BY RICHARD & DAWN SCHULZ FOR REZONING FROM 11 (LIGHT INDUSTRIAL) TO C4 (NEIGHBORHOOD COMMERCIAL), PUBLIC HEARING CASE NO. ZC 99-3 - POSTPONED TO 4/13/99. ITEM 3.6. - REQUEST BY FIRST STEP PRESCHOOL, INC. (PAULETTE HANLON) FOR CONDITIONAL USE PERMIT FOR DA YCARE CENTER, PUBLIC HEARING CASE NO. CU 99-13 - POSTPONED TO 4/13/99. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 6-0. 4. Consider 2/23/99 Plannina Commission Minutes COMMISSIONER THOMPSON MOVED TO APPROVE THE FEBRUARY 23, 1999 MINUTES. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5. Planning Commission Representative to Attend 4/19/99 City Council Meeting Commissioner Kuester will attend the April 19, 1999, City Council meeting. 6.1. Request by Best Yard Services, Inc./G. Schroeder for Conditional Use Permit for Home Occupation, Public Hearina Case No. CU 99-6 Staff report by Scott Harlicker. Greg Schroeder is requesting a conditional use permit to operate a landscaping business from his home at 13324 Ranch Road. Scott reviewed Mr. Schoeder's proposal, noting that staff recommends approval with the conditions outlined in the staff report to the Planning Commission dated March 23, 1999. Chair Cote opened the public hearing. Duane Zacharda, 13446 Ranch Road, asked how much traffic would be generated by the home business. Scott indicated that there would be no retail sales and the only traffic would be the employees going to and from the site to pick up stock. Commissioner Mesich asked how many employees Mr. Schroeder could have. Scott explained that the ordinance does not limit the number of employees in this case, since they will not be working on the site. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY GREG SCHOEDER FOR A CONDITIONAL USE PERMIT TO OPERATE A HOME OCCUPATION (LANDSCAPING BUSINESS), AT 13324 RANCH ROAD, WITH THE FOLLOWING CONDITIONS: 1. ALL OUTDOOR STORAGE OF MATERIALS AND SUPPLIED SHALL BE WITHIN AN ENCLOSED AREA SO THAT IT IS NOT VISIBLE FROM THE STREET OR ADJACENT PROPERTIES. 2. THE ENCLOSURE SHALL CONSIST OF A STOCKADE FENCE AND SHALL ALSO INCLUDE LANDSCAPING AS APPROVED BY STAFF. Planning Commission Minutes March 23, 1999 Page 3 . 3. THE OUTDOOR STORAGE AREA SHALL COMPLY WITH THE SETBACK REQUIREMENTS FOR ACCESSORY STRUCTURES. 4. NO RETAIL SALES SHALL BE ALLOWED. 5. SIGNAGE SHALL BE LIMITED TO A WALL SIGN NO LARGER THAN 2 SQUARE FEET. 6. ALL EQUIPMENT SHALL BE STORED WITHIN THE POLE BUILDING. 7. HOURS OF OPERATION SHALL BE LIMITED TO 7:00 A.M. TO 10:00 P.M. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6.2. Request by Katherine Gessner for Conditional Use Permit for Home Occupation ISalon). Public Hearing Case No. CU 99-12 staff report by Scott Harlicker. Katherine Gessner is requesting a conditional use permit to operate a hair salon out of her home at 12278 195th Circle NW. Scott reviewed the details of the request as outlined in the staff report on this issue dated March 23, 1999, noting that there would be no outside employees. Staff recommended approval of the request with the conditions as outlined. Chair Cote opened the public hearing. There being no comments from the public, Chair Cote closed the public hearing. . COMMISSIONER KUESTER MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY KATHERINE GESSNER FOR A CONDITIONAL USE PERMIT TO OPERATE A HOME OCCUPATION, PUBLIC HEARING CASE NO. CU 99-12, WITH THE FOLLOWING CONDITIONS: 1. HOURS OF OPERATION NOT EXCEED 7:00AM TO 10:00 PM. 2. NO EXTERIOR STORAGE OR DISPLAY BE ALLOWED. 3. SIGNAGE BE LIMITED TO 2 SQUARE FEET AND MOUNTED FLAT ON THE WALL OF THE HOME. 4. A MAXIMUM OF ONE FULL TIME EMPLOYEE OR EQUIVALENT, OTHER THAN PERSONS WHO CUSTOMARILY RESIDE AT THE RESIDENCE, SHALL BE EMPLOYED. 5. THE APPLICANT WORK WITH THE BUILDING INSPECTOR TO ENSURE THAT ALL APPLICABLE BUILDING CODES ARE MET. 6. ALL PARKING SHALL BE ACCOMMODATED ON SITE, ON THE EXISTING DRIVEWAY. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. . 6.3. Request by Leeann Chin for PUD Amendment Reqardinq Siqnage Planning Commission Minutes March 23, 1999 Page 4 . Staff report by Scott Harlicker. Leeann Chin has requested an amendment to the PUD (Planned Unit Development) agreement for Elk Park Center to allow signage on their restaurant awnings at 19979 Freeport. Scott reviewed staff's interpretation of the existing sign agreement and how it applies to each of the two tenants, Hollywood Video and Leeann Chin. He explained that Leeann Chin does not dispute staff's interpretation, but they would like to add lettering on the awnings. Staff recommended denial of the request based on the finding that the lettering on the awnings would constitute additional wall signage. Commissioner Chambers expressed his support for the lettering on the awnings, stating that he felt they added to the aethestics of the building. He questioned if the applicant would be allowed to put neon signage in their windows. Scott indicated that neon in windows is not considered signage, according to the city's ordinance. Commissioner Schuster questioned if the awnings would be back lit. Lea Greenwood, applicant, stated the awning would not be back lit. Ms. Greenwood explained that the awnings with the stenciling are part of Leeann Chin's trade dress and would be consistent with the other Leeann Chin restaurants. Chair Cote opened the public hearing. There being no comments from the public, Chair Cote closed the public hearing. . Commissioner Mesich indicated he felt the building was unique since it was built on a site designed for the previous owner. He also felt the PUD designation allowed flexibility in signage and did not see a problem with Leeann Chin's request. Commissioner Thompson indicated she supported the awnings without lettering. Commissioner Schuster felt the lettering was part of the design of the awning, but he did not support the awning on more than two sides of the building. Commissioners Chambers and Kuester expressed their support for approval of the request. Chair Cote indicated he supported staff's determination of the ordinance, but he did agree that the lettering on the awnings was not a significant issue. COMMISSIONER MESICH MOVED APPROVAL OF THE REQUEST BY LEEANN CHIN FOR AN AMENDMENT TO THE PUD AGREEMENT FOR ELK PARK CENTER TO ALLOW SIGNAGE ON NON BACK LIT AWNINGS. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-2. Chair Cote and Commissioner Thompson opposed. 6.4. Request bv Union Congregational Church for Conditional Use Permit. Public Hearing Case No. CU 99-11 . Staff report by Stephen Wensman. Union Congregational Church has requested a conditional use permit to expand an existing church qt 1118 4th Street. Steve reviewed issues associated with the request regarding parking, setbacks, lighting, curb and gutter and landscaping, as specified in his report dated March 23, 1999. He noted that since the classroom time is different than the worship time, parking should not be a problem. Staff recommended approval of the request with the Planning Commission Minutes March 23, 1999 Page 5 . . 1. 2. 3. 4. 5. 6. 7. 8. 9. . conditions outlined in the staff report with a change to Condition No. 11 to reflect that concrete curb and gutter only be required at the drive entrances extending back to the building wall, until such time that the parking lot is substantially improved. Chair Cote opened the public hearing. Tom Brown, representing Union Congregational Church, asked that the Planning Commission consider the modification to condition Number 11 regarding curb and gutter. as proposed by staff. Mr. Brown indicated that he felt the street lighting would be adequate for the parking lot, and indicated that if light poles were required within the site, they would likely have to be removed when the parking lot was expanded. Mr. Brown indicated that church representatives have met with the neighboring residents and no issues were encountered. He also stated he did not feel the one way proposed by staff would be a problem. There being no further comments from the public, Chair Cote closed the public hearing. Commissioner Kuester questioned how many additional lights would be required. Staff indicated that it depended on the style of lighting and how much lighting is already provided by the street lights. COMMISSIONER MESICH MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY UNION CONGREGATION CHURCH FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 99-11, WITH THE FOLLOWING CONDITIONS: THAT THE CHURCH PROPERTY, LOTS 10, 11, 12, 13, 14, HOULTON'S ADDITION BE COMBINED AS ONE LOT. THAT A VARIANCE BE GRANTED FROM THE PARKING SETBACKS PRIOR TO WIDENING THE DRIVE ALONG THE NORTH SIDE OF THE CHURCH. THAT THE BUILDING CONFORM TO THE UNIFORM BUILDING CODE AND ANY RECOMMENDATIONS OF THE BUILDING AND ZONING DEPARTMENT. THAT THE SITE BE LIGHTED TO CONFORM WITH THE ELK RIVER CITY ORDINANCE. THAT THE SITE BE BUFFERED ALONG THE NORTH PROPERTY LINE TO AN OPACITY OF 80% AS REQUIRED BY THE ELK RIVER CITY ORDINANCE. THAT TREES REMOVED FOR CONSTRUCTION PURPOSES BE REPLACED ON SITE. THAT ANY DRIVE LANES LESS THAN 24 FEET WIDE BE SIGNED FOR ONE-WAY TRAFFIC. THAT THE DRIVEWAY AROUND THE CHURCH BE SIGNED NO-PARKING. THAT THE PARKING ADJACENT THE EXISTING GARAGE BE SIGNED AND LIMITED TO ONE VEHICLE. Planning Commission Minutes March 23, 1999 Page 6 . 10. THAT THE DEMONSTRATED PARKING AREA BE INSTALLED UPON THE REQUEST OF THE CITY. 11. THAT B6-12 CONCRETE CURB AND GUTTER SHALL BE REQUIRED AT THE DRIVE ENTRANCES AND SHALL EXTEND BACK TO THE BUILDING WALL, AND THAT WHEN THE PARKING LOT IS SUBSTANTIALLY IMPROVED, IT SHALL CONTAIN CONCRETE CURB AND GUTTER. 12. THAT 10 FOOT DRAINAGE AND UTILITY EASEMENTS BE GRANTED TO THE CITY ALONG ALL PROPERTY LINES. 13. THAT BOTH THE CHURCH AND HOUSE ON THE SITE HAVE INDIVIDUAL SEWER AND WATER HOOK-UPS. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6.5. Reauest by Livinq Waters Church for Conditional Use Permit, Public Hearing Case No. CU 99-9 . Staff report by Scott Harlicker. Living Waters Church has requested a conditional use permit for a temporary use to utilize an existing house at 12160 Meadowvale Road as an office, storage and small group meeting space for their church. Scott reviewed the existing conditions on the site, and landscaping and screening issues. Scott explained that the applicant plans to construct a new church facility on the property at some point in the future, but that issue is not under consideration at this time and will go through the conditional use permit process if a proposal moves forward. Chair Cote opened the publiC hearing. Jeff Olson, 21150 Meadowvale Road, asked where the access to the proposed new church would be located and if the present driveway would be improved. Bob Pullar, pastor of Living Waters Church, indicated that class 5 will be added to the existing driveway and would be used for the parking area for the proposed use. The main entry into the property would be the second driveway which is the central portion of Parcel A, and would be the future site of the church. Pastor Pullar indicated that the church is in the process of purchasing the three parcels in this area. Commissioner Kuester asked if home proposed for use as an office would remain on the property if a new church was constructed. Pastor Pullar indicated that they plan to use it in the future. He indicated that the other home also remain but he is unsure at this time. . Bill Mealio, 14320 214th Avenue NW, property owner to the north of Parcel A, questioned whether or not the parking lot would be paved. Scott indicated that staff has been asked to waive this requirement since the use is temporary. Mr. Mealio also asked if the septic system would be adequate. Scott indicated that the building department would make that determination and approval of the system could be added as a condition. Pastor Pullar indicated he felt the septic system would be used less with the proposed use than as a three bedroom home. Mr. Mileo asked what type of site barriers would be recommended. Scott Planning Commission Minutes March 23, 1999 Page 7 . indicated that staff recommends some type of screening to the north be started now, such as evergreens, and that the landscaping and screening for the entire site will be reviewed when the church moves forward with the building plans. Adam Hoffman, 21322 Meadowvale Road, resident north of the parking lot, asked how many people were members of Living Waters Church. Pastor Pullar stated there Sunday morning attendance is approximately 190. Mr. Hoffman expressed concerned about dust from vehicle traffic, and asked what would be stored in the buildings. Pastor Pullar indicated a lawn equipment would be stored in the out building and Sunday School materials would be stored inside the house. Mr. Hoffman questioned whether or not the parking lot would be lighted. Scott indicated that some time of wall-mounted lighting would possibly be used. Mr. Hoffman asked how many meetings would be held at the offices. Pastor Pullar indicated there possibly would be some type of meeting daily. Mr. Hoffman indicated he was concerned about liability issues since he owned horses and they sometimes get out. . Mary Hoffer, 21323 Meadowvale Road, owner of the farm across Country Road 32 and up to 211th Avenue, questioned if the zoning had been changed for this area, and if not, why a church is allowed in an agricultural district. Scott indicated that the zoning has not changed and that churches are an allowed use in residential zones. Ms. Hoffer expressed her objection to the proposed use of the property because of the traffic which would be generated. She felt a church should be in town. She stated that her son farms their property and it is difficult now to use County Road No. 32 to get from one side to the other. Chair Cote stated that the Planning Commission is not reviewing plans to build a church on the site at this time, only a conditional use permit to use the existing house on the site for office and meeting room purposes. He indicated that the Planning Commission has no control over which property the church chooses to acquire. He explained that the neighboring residents would be notified and a public hearing would be held if and when plans are submitted for a church on the site. Mike Townsend, 14390 214th Avenue NW, expressed concern regarding increased traffic from the church's use of the property. He stated that it appears to him the plan shows the proposed parking area in the location of the septic system. Pastor Pullar indicated that the parking area is between the house and the septic system. Arne Engstrom, 20800 Meadowvale Road, indicated he is a resident in the area and his daughter also owns the horses mentioned earlier. He questioned when the church plans to build on the site. Pastor Pullar indicated they plan to build in approximately 3 years. Mr. Engstrom expressed his concern for the impact of increased traffic and car headlights on the rural residents. Mr. Engstrom indicated that traffic will affect the safety of walkers and farmers in the area. He stated that most of the neighbors would prefer that the proposed church never happens, but if it does, he asked that the church be sensitive to the neighbors regarding noise, lighting, dust and traffic. . Pastor Pullar stated that they will work hard to be good neighbors. Planning Commission Minutes March 23, 1999 Page 8 . There being no other public comment, Chair Cote closed the public hearing. Commissioner Thompson asked if the applicant would be required to provide lighting of the parking lot. Scott indicated that some type of wall mounted lighting could be required. Commissioner Thompson suggested that some time of pole lighting which could be directed downward would be less offensive to the adjacent residents. Scott indicated that more landscaping could be required along the north property line as a buffer and possibly to the south as well. Commissioner Mesich questioned whether an office use should be permitted: in a residential zone. Scott indicated that staff has interpreted the use as a related use to the church use. Chair Cote indicated that the request is for a temporary use as an office and meeting room space. Chair Cote felt that the church should be aware that if this conditional use permit for the temporary use is approved, that they not be given false hope that a conditional use permit to build a new church will be approved. Commissioner Schuster expressed concern that there would be meetings going on at the church every night and suggested setting some type of limit on the number of meetings per week as a condition of approval. . Commissioner Mesich questioned why the applicant would not be required to pave the driveway and parking lot. Scott indicated that the use is being viewed as temporary. If the blacktopping were required, it would likely have to be removed for future development. He stated that the zoning ordinance provides the City the discretion to allow Class 5 because of the temporary nature of the use. The Planning Commission recessed at this time (8:20 p.m.) The Planning Commission reconvened at 8:25 p.m. Commissioner Mesich questioned whether or not the use constituted an institutional use because of the educational aspect. Pastor Pullar indicated that he felt the use as a place of worship constituted an institutional use. Commissioner Kuester expressed concern regarding dust in the parking lot. Commissioner Thompson indicated that since the use was being considered temporary, she did not have a problem with allowing Class 5 to be used. Scott indicated that some type of crushed material could be used to reduce the dust. Discussion followed regarding the future use of the property, since a conditional use is linked to the property. Scott indicated that when the church presents a site plan for a proposed new church, the entire site will be reviewed. . COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY LIVING WATERS CHURCH FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 99-9, SUBJECT TO THE FOLLOWING CONDITIONS: Planning Commission Minutes March 23, 1999 Page 9 . 1. 2. 3. 4. 5. 6. . . A LANDSCAPE PLAN BE PROVIDED AND PAPROVED BY STAFF WHICH SCREENS THE ADJACENT PROPERTIES TO THE NORTH AND SOUTH. FUTURE DEVELOPMENT OF THE PROPERTY AS A CHURCH WILL REQUIRE A CONDITIONAL USE PERMIT. THAT THE PROPOSED PARKING AREA MEET THE ESTABLISHED SETBACK REQUIREMENTS. STAFF WILL REQUIRE VERIFICATION OF THE SEPTIC SYSTEM INFORMATION TO ENSURE THAT THE SYSTEM MEETS THE REQUIREMENTS FOR THE PROPOSED USE. THE PARKING LOT SHALL BE LIGHTED PER STAFF'S RECOMMENDATION. THE PARKING LOT SHALL BE CONSIDERED TEMPORARY AND MAY BE SURFACED WITH CLASS 5. COMMISSIONER CHAMBERS SECONDED THE MOTION. COMMISSIONER CHAMBERS MOVED TO AMEND THE MOTION BY ADDING THE FOLLOWING CONDITION: 7. THAT THE PROPERTY BE RESTRICTED TO OFFICE AND ADMINISTRATIVE MEETING USE ONLY AND THAT CONGREGATIONAL MEETINGS ARE NOT PERMITTED. COMMISSIONER THOMPSON SECONDED THE AMENDMENT. THE AMENDMENT FAILED 3-3. COMMISSIONER SCHUSTER MOVED TO AMEND THE ORIGINAL MOTION BY TO ADD THE FOLLOWING CONDITION: 7. THAT THE NUMBER OF SMALL GROUP MEETINGS AT THE CHURCH OFFICE SPACE BE LIMITED TO THREE (3) TIMES PER WEEK. 8. THAT APPROVAL OF THIS CONDITIONAL USE PERMIT IS NOT AN INDICATION OF FUTURE APPROVAL FOR CONSTRUCTION OF A NEW CHURCH. THE MOTION DIED FOR LACK OF A SECOND. Commissioner Mesich indicate that he felt that if the City determines the request is an allowable use, he did not feel it was appropriate to attach conditions which would restrict their use of the property. He felt that their job is to protect the health, safety and welfare of the surrounding neighborhood. He did not feel the church should be exempted for paving the parking lot, but he felt imposing conditions such as number of meetings per week were not appropriate and would be too difficult to enforce. Commissioner Schuster felt it was appropriate Planning Commission Minutes March 23. 1999 Page 10 . to limit the size and number of meetings, as well as hours of operation, to protect the neighborhood. Discussion followed regarding the fact that the conditional use permit is attached to the property. The Commissioners were in agreement that the conditional use permit will apply for Parcel B only. COMMISSIONER KUESTER AMENDED THE ORIGINAL MOTION BY ADDING THE FOLLOWING CONDITION: 7. THIS CONDITIONAL USE PERMIT APPLIES TO PARCEL B ONLY. COMMISSIONER CHAMBERS SECONDED THE AMENDMENT. THE ORIGINAL MOTION MADE BY COMMISSIONER KUESTER CARRIED 6-0. 6.7. Request by Dynamics Desiqn & Land Co. for Preliminary Plat Approval (Island View 5th Addition, Public Hearina Case No. P 99-7 . Staff report presented by Scott Harlicker. Dynamics Design and Land Company has requested preliminary plat approval to subdivide 11.58 acres located at the westerly terminus of Island View Drive and east of 189th Avenue, into 7 single family lots. Scott reviewed the layout of the plat as outlined in the staff report to the Planning Commission dated 3/23/99. Scott noted that Outlot A has been provided for possible future connection to the property to the north. Scott explained that the Park and Recreation Commission has expressed interest in obtaining a parcel of high ground for city park land and they have requested a trail connection to the site. Also. a 55 foot wide strip is shown to provide frontage for the park on Island View as well as 189th. Scott indicated that a letter has been received from the DNR and suggested an additional condition be added stating that all comments of the DNR be addressed. Staff recommended approval of the preliminary plat with the conditions listed in the staff report. Chair Cote noted the receipt of a letter from Eugene Scribner, 13489 Island View Drive, expressing his concern for additional traffic on Island View Drive. Darrell Island, 13563 Island View Driye, expressed his opposition to any future road connection, as well as the trail connection. He questioned why these things were being proposed when the residents did not want them. Sandy Weicht, 13330 Island View Drive, expressed concern that Island View Drive cannot support the additional traffic which would be generated by this development. Ms. Weicht felt the safety of the pedestrians on Island View Drive would also be jeopardized. She stated that a precedent has already been set for the existence of long cui de sacs, citing Ridgewood Drive as an example. She felt a proposed bike path connecting with 189th could be a workable alternative to providing emergency access to Island View Drive. She was not opposed to a primitive park, but could not support an active park which will draw additional vehicle traffic. Ms. Weicht suggested that the plat be accessed by 189th and served by a cui de sac in that location. . Planning Commission Minutes March 23. 1999 Page 11 . Pat Island, 13563 Island View Drive, asked if city sewer and water will be extended to this development in the future and how the residents on Island View would be affected. Terry Mauer explained there are no plans to extend sewer and water. She expressed concern that large trucks will damage Island View Drive and asked if the residents would be taxed for it. Terry Maurer explained that any potholes or those types of repairs would be considered normal maintenance and would be funded by the the street department budget. Ms. Island expressed her concern that developers are bringing all these new people into Elk River, move on to another area to develop, and the residents of Elk River are asked to pay for the new schools. Mike Turnquist, 18862 Ogden street, expressed his concern regarding the wetland in the area and its inclusion in a park. He also questioned how the park will be used. Scott indicated there are no plans for development of the park at this time. He stated the Park and Recreation Commission generally reviews several concept plans for park land, and invites the neighboring residents to a public meeting to review the proposal selected by the Commission. Steve noted that the majority of the park is on the high ground on the other side of the wetland. Don Robinson, 13400 Island View Drive, expressed his opposition of connecting Island View Drive with the outside world. He felt the builder should provide access to the plat via 189th Avenue. He was also concern the increased traffic would impact the walkers and bikers on Island View Drive. due to the narrowness of the street. . John Peterson, 13171 Island View Drive, expressed his opposition to a future road connection with Island View Drive. Dave Fesenmeier, 13591 Island View Drive, stated he opposed the inclusion of Outot A in the plat for a future access to Island View Drive. Wade Lovelette, 13519 Island View Drive, felt the trail access may someday be widened for a future street. He felt more residents should have been notified beyond the 350 foot requirement, since the extension of Island View Drive would affected every living on it. Merle Kratzke, 13590 Island View Drive, stated that he lives adjacent to the plat. Mr. Kratzke questioned why the property does not go up to the lake. He stated that all the lake owners have a heavy assessment to pay. Tom Heidemann, 13546 Island View Drive, indicated he attended the meetings regarding this property and all the residents objected to the extension of Island View Drive at that time. Sandy Weicht, 13330 Island View Drive, questioned where the drainage from the site would go. Terry Maurer explained that the developer is required to submit drawings which must conform to the city's standards which allow no more run off than currently exists. There being no other public comment, Chair Cote closed the public hearing. . Planning Commission Minutes March 23, 1999 Page 12 . Steve Wensman explained the Park and Recreation Commission's proposal to acquire a parcel of park land that may possibly be combined in the long term with a parcel of the MacGibbon property to the south to create a city park. Commissioner Thompson questioned why an access is not being proposed to 189th with this plat. Scott explained that that currently 1 89th Avenue is a substandard road way and is currently in a "driveway" state. Terry Maurer explained that Island View Drive is capable of carrying the additional vehicle trips which 7 new homes would create. He indicated that the city has an obligation to provide for an additional future access to Island View Drive when the opportunity arises, from a safety standpoint or they would not be doing their job. Terry Maurer explained that there are several options for a northerly connection, including going up to County Road 35 or through the Lockwood property into Belgin Acres. Chair Cote questioned what type of park is proposed. Steve Wensman stated that a passive park is envisioned for the property. Commissioner Kuester indicated she understood the residents' concerns but felt there was a safety issue that must be considered. Commissioner Thompson questioned if the 10 foot wide path could be used for emergency vehicles. Terry Maurer stated that it would be wide enough. . Commissioner Mesich asked if there were special soils to consider for septic systems. Terry Maurer indicated that conventional systems would most likely work on the property. He noted that the developer is required to show two possible locations for a septic system, but there may be more locations available. Chair Cote indicated he felt it was important that the trail be installed at the same time the streets are constructed so that future buyers know the trail is there. COMMISSIONER THOMPSON MOVED THAT THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY DYNAMIC DESIGN AND LAND CO. FOR PRELIMINARY PLAT APPROVAL (ISLAND VIEW 5TH ADDITION), PUBLIC HEARING CASE NO. P 99-7, STATING THAT A PUBLIC HEARING WAS HELD AND THE OPPOSITION WAS TAKEN INTO CONSIDERATION, AND APPROVAL IS CONTINGENT UPON THE FOLLOWING CONDITIONS BEING MET: 1. A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 3. 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. . Planning Commission Minutes March 23, 1999 Page 13 . 4. 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. 5. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 6. A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 7. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO ISSUANCE OF BUILDING PERMITS. 8. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES. 9. ALL WETLANDS ON THE SITE SHALL BE IDENTIFIED AND DELINEATED AND ALL WETLAND PERMITS SHALL BE RECEIVED PRIOR TO COMMENCING ANY WORK IN A WETLAND. 10. A REALISTIC TREE PRESERVATION PLAN BE PROVIDED SHOWING WHICH TREES WILL BE PRESERVED. 11. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. . 12. ALL MAILBOXES SHALL BE CLUSTERED. 13. WATER AVAILABILITY CHARGES TO BE PAID TO ELK RIVER UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. 15. PARK DEDICATION REQUIREMENTS BE SATISFIED WHICH INCLUDES A 30 EASEMENT AND A PEDESTRIAN TRAIL INSTALLED AT THE TIME THE ROADS ARE CONSTRUCTED WITHIN THE PLAT, WHICH CONNECTS THE CUL DE SAC WITH 189TH AVENUE. 16. APPROPRIATE EASEMENTS BE PROVIDED ON ALL LOTS INCLUDING THOSE AREA WHICH ARE SUBJECT TO PONDING, FLOODING OR WETLANDS. 17. SOIL BORINGS AND PERCOLATION TESTS WILL NEED TO BE PROVIDED WITH EACH BUILDING PERMIT APPLICATION. 18. ALL DNR ISSUES BE ADDRESSED. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 6-0. It was the consensus of the Planning Commissioners to have the minutes reflect that the approval of this preliminary plat is contingent upon the existence of Outlot A for a possible future road connection. . Planning Commission Minutes March 23. 1999 Page 1 4 . 6.8. Reauest by Meadowvale Builders, Inc. for Zone Chanae, Public Hearina Case No. ZC 99-2 6.9. Reauest by Meadowvale Builders for Preliminary Plat (Meadowvale TownhomesL Public Hearinq Case No. P 99-5 6.10. Reauest by Meadowvale Builders. Inc. for Conditional Use Permit. Public Hearing Case No. CU 99-4 Staff report by Scott Harlicker. Meadowvale Builders, Inc. has requested a rezoning, preliminary plat and conditional use permit for a 27 townhome PUD located east of Meadowvale Road, south of 193rd and north of the Burlington Northern Railroad tracks. Scott reviewed the layout of the plat and issues regarding the type of buildings to be constructed, landscaping, drainage, grading and utilities and streets. Scott noted that the fire chief has stated that a 24 foot wide street with no on street parking would be acceptable. Staff recommends approval of the requests based on the findings and conditions as outlined in the staff report. . Commissioner Kuester asked if the property to the north is going to be developed. Scott indicated that the property north of the proposed plat is not included in this proposal. Commissioner Kuester asked the road would need to be wider if they would be used by any future development to the north. Scott indicated that the property to the north would have an alternative access. Commissioner Kuester questioned where the off street parking would be located. Scott indicated that the proposal does not show off street parking and suggested possible locations were a few stalls could be located. Commissioner Kuester suggested that she felt guidelines should be established for off street parking. Chair Cote asked what the height of the berm would be along Meadowvale. Scott indicated it would depend on how much space there will be between the buildings and the sidewalk. Chair Cote opened the public hearing. Dave Anderson, 14845 County Road No. 30, representative of the Park and Recreation Commission, expressed concern that if a berm were required, staff needs to make sure that it is of significant height to be useful. Mr. Anderson also expressed his concern regarding the removal of the large oaks on the subject property. He felt that the community needs to address the preservation of forest remnants on a large scale, or they will evenutally all be lost to development. . Jay Hill of John Oliver and Associates, representing the developer, indicated that if the city requires both a berm and a sidewalk, at least 7 additional trees will need to be removed along Meadowvale Road. He cited the location of two possible off street parking stalls. Mr. Hill explained that the gas company already has a concern regarding the amount of blacktopping over the base easement. He felt that the additional grading needed to create more parking will impact the wetlands. Mr. Hill indicated that they will try to preserve trees were possible, but he felt that many of the trees are at the end of their life and have become hollowed out. He felt that some adjustments could be made in the areas showing minimal grading to help preserve trees. Planning Commission Minutes March 23, 1999 Page 1 5 . Terry Maurer asked that the grading plan be modified to show any changes to save trees. There being no other comments from the public, Chair Cote closed the public hearing. Scott Harlicker asked that a letter be made part of the official meeting record from Laura Montoya, 13027 192 112 Lane, expressing her concern for the impact this development would have on traffic, pedestrian safety and wildlife. Terry Maurer indicated that city staff has expressed their concerns to the County regarding the need for a pedestrian pathway continued south to Highway 10. They will continue to work on this issue. Commissioner Kuester was concern that there was no provision for off street parking and suggested eliminating 1 building to provide additional parking. Commissioner Mesich felt the entire area will be flattened during construction and the development will not be an asset to the community. He was concerned with the density of the project and felt if less units were constructed, some of the contours and other natural features could be preserved to make it more attractive. . Terry Maurer indicated that the density of this development is much less than other townhome projects in the city. Commissioner Chambers questioned if the trees being removed would be replaced with new trees. Terry indicated that the landscaping plan shows tree replacement. COMMISSIONER CHAMBERS MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUESTS BY MEADOWVALE BUILDERS FOR REZONING, PRELIMINARY PLAT AND CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NUMBERS ZC 99-2, P 99-5 AND CU 99-4, BASED ON THE FINDINGS AND CONDITIONS IN THE STAFF REPORT, WITH THE ADDITION OF CONDITION NO. 12 FOR THE CONDITIONAL USE PERMIT AS FOLLOWS: 12. THAT THE DEVELOPER PROVIDE AN UPDATED GRADING PLAN TO THE CITY ENGINEER, SHOWING THE LOCATION OF TREES TO BE PRESERVED, PRIOR TO THE CITY COUNCIL MEETING. THE MOTION DIED FOR LACK OF A SECOND. COMMISSIONER MESICH MOVED THE PLANNING COMMISSION RECOMMEND DENIAL OF THE REZONING REQUEST BY MEADOWVALE BUILDERS, INC., BASED ON THE FOLLOWING REASONS: . - THIS DESIGN PRESENTED IS INAPPROPRIATE FOR THE PROPERTY - THE PLANNING COMMISSION WOULD SUPPORT A DEVELOPMENT PROPOSAL WHICH PRESERVES THE NATURAL AMENITIES OF THE SITE. Planning Commission Minutes March 23, 1999 Page 1 6 . Terry Maurer questioned if Commissioner Mesich opposed the zone change or, the number of units. Commissioner Mesich indicated he felt that fewer units would have less impact on the area. COMMISSIONER THOMPSON SECONDED THE MOTION. Commissioner Kuester felt the PUD zoning was appropriate. Tom Ganz, owner of Weaver Lake Builders, explained that the property is surrounded by a high use railroad track, an industrial park, and a county road. He felt that this was the best use for this property. THE MOTION TO RECOMMEND DENIAL FAILED 4-2. COMMISSIONER KUESTER MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY MEADOWVALE BUILDERS, INC. FOR REZONING TO PUD (PLANNED UNIT DEVELOPMENT), PUBLIC HEARING CASE NO. ZC 99-2, BASED ON THE FOLLOWING FINDINGS: 1. THE DENSITY OF THE TOWNHOUSE DEVELOPMENT IS CONSISTENT WITH CURRENT LAND USE DESIGNATION OF MR (MEDIUM DENSITY RESIDENTIAL). 2. THE PROJECT IS SERVICED BY A MINOR ARTERIAL ROADWAY WHICH SHOULD BE ABLE TO HANDLE ANTICIPATED TRAFFIC GENERATED BY THIS PROJECT. . 3. THE REZONING IS A LOGICAL TRANSITION IN LAND USE BETWEEN SINGLE FAMILY RESIDENTIAL TO THE WEST AND LIGHT INDUSTRIAL TO THE EAST 4. THE EXISTING INFRASTRUCTURE IS SIZED ACCORDINGLY TO SERVICE THE PROPERTY. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 6-0. Commissioner Kuester indicated that she felt if the buildings were two-story, there would be more area for off street parking. Commissioner Mesich felt more off street parking was needed. Scott indicated that there would be two spaces in the garages and two spaces outside the garage for each townhome. Terry Maurer indicated that the plan meets the city's parking requirements in the ordinance. Commissioner Mesich indicated he did not necessarily agree with the city's parking requirements. Tom Ganz indicated that because of the restraints of the wetlands and the NSP easements, it is not possible to put in more off street parking. Mr. Ganz noted that a fence will be installed on the south to screen the property from the railroad tracks and conifers will be planted along the county road. Scott noted that an eighth condition be included, stating that all wetland permits be obtained before commencing work in the wetlands. . COMMISSIONER CHAMBERS MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY MEADOWVALE TOWNHOMES FOR Planning Commission Minutes March 23, 1999 Page 1 7 . . 1. 2. 3. 4. 5. 6. . PRELIMINARY PLAT APPROVAL FOR MEADOWVALE TOWNHOMES, PUBLIC HEARING CASE NO. P 99-5, WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 2. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 3. ALL COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED 3/15/99 AND 4/14/99 BE INCORPORATED INTO THE FINAL PLAT. 4. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE PROVIDED THROUGHOUT THE PLAT. 5. A 10 FOOT WIDE TRAIL BE INSTALLED ALONG MEADOWVALE ROAD. 6. PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 7. SURFACE WATER MANAGEMENT FEES TO BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. ALL NECESSARY WETLAND PERMITS BE OBTAINED PRIOR TO COMMENCING ANY WORK IN THE WETLANDS. Discussion followed regarding whether or not any trees would be saved. Scott noted that the city requires 6'-8' conifers and 2" caliper deciduous trees. Further discussion followed regarding the size of the berm. COMMISSIONER CHAMBERS MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY MEADOWVALE BUILDERS, INC. FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 99-4, WITH THE FOLLOWING CONDITIONS: ALL COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED 3/15/99 BE INCORPORATED INTO THE PLANS. MINIMUM STREET WIDTH OF 24 FEET SHALL BE PROVIDED. THE STREETS SHALL BE SIGNED FOR NO PARKING. CONCRETE CURB AND GUTTER BE INSTALLED THROUGHOUT THE PROJECT. A MINIMUM DISTANCE OF 22 FEET BE MAINTAINED BETWEEN ANY GARAGE AND THE ROADWAY. A TREE PRESERVATION PLAN AND PROTECTION PLAN SHOULD BE PROVIDED WHICH INCORPORATES ANY COMMENTS OF THE SHERBURNE COUNTY FORESTER. A LANDSCAPED BERM BE PROVIDED BETWEEN UNITS 9 THROUGH 15 AND MEADOWV ALE ROAD. . . . Planning Commission Minutes March 23, 1999 Page 18 7. INCREASED LANDSCAPING BE PROVIDED BETWEEN UNITS 4 THROUGH 8 AND MEADOWV ALE ROAD. 8. ALL LANDSCAPED AREAS SHALL INCLUDE UNDERGROUND IRRIGATION. 9. ADDITIONAL OFF STREET PARKING SPACES SHALL BE PROVIDED WITHIN THE PROJECT. 10. THE TURN AROUND AT THE SOUTH END SHALL BE SIZED APPROPRIATELY TO ACCOMMODATE EMERGENCY VEHICLES. 11. STREET LIGHTS SHALL BE INSTALLED PER ELK RIVER UTILITIES. 12. A REVISED GRADING PLAN BE SUBMITTED PRIOR TO THE CITY COUNCIL MEETING SHOWING WHERE TREES WILL BE SAVED. 13. THE DEVELOPER MAXIMIZE THE BERM HEIGHT BETWEEN THE TRAIL AND THE TOWN HOME UNITS, AND THE TREES BE REPLACED PER THE CITY'S ORDINANCE. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6.11. Request by Phoenix Enterprises for Preliminary Plat Approval (Hillside Estates 9th Addition), Public Hearina Case No. P 98-5 6.12. Request by Phoenix Enterprises for Rezoninq (Hillside Estates 9th Addition), Public Hearin9 Case No. IC 98-7 6.13. Request by Phoenix Enterprises for Conditional Use Permit for PUD (Hillside Estates 9th Addition), Public Hearin<;:l Case No. CU 98-21 Staff report by Scott Harlicker. Scott stated that the requests by Phoenix Enterprises, Inc. were postponed by the Planning Commission last month to allow the applicant an opportunity to address issues raised at that meeting. Also, due to discrepancies, property owners within in 350 feet were re-notified by an updated list from Sherburne County. Staff recommends approval of the requests based on the findings and conditions stated in the staff report. Terry Maurer indicated he is satisfied with the recently submitted grading and drainage plans submitted by the developer, provided the changes which are addressed in his letter dated March 18, 1999, are incorporated in the plat. Chair Cote opened the public hearing. Chris Haugen, 19266 Auburn Street, indicated he did not oppose the development, but he still had concerns with unresolved issues in his neighborhood regarding the sidewalk and pond which the developer has not taken care of. He stated he would like to see the median continued all the way down 193rd. Dave Kovach, 19382 Auburn Street, expressed his concern that there are old issues to be addressed. He referred to a drainage easement between his home and Planning Commission Minutes March 23. 1999 Page 1 9 . the home owned by Vern Spechts, and also the drainage pond across the street from him. There being no further public comment, Chair Cote closed the public hearing. Terry Maurer indicated that staff has met with the developer regarding the sidewalk and the issue will be resolved during this year's construction season. He explained that the developer has completed the pond work which was referred to earlier, noting that there was no requirement that the pond hold water. Terry stated that he was not aware of the drainage issue referred to by Mr. Kovach and he will discuss the issue with staff. Discussion followed regarding the landscaping of the median and eyebrow cui de sacs. It was the consensus of the Commissioners to revise condition No. 10. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY PHOENIX ENTERPRISES FOR REZONING CERTAIN PROPERTY FROM R1E (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT), PUBLIC HEARING CASE NO. ZC 98-7, BASED ON THE FOLLOWING FINDINGS: 1. A PLANNED UNIT DEVELOPMENT ALLOWS A COMPREHENSIVE REVIEW OF DEVELOPING THE PROPERTY. 2. THE PROPOSED REZONING WILL BE CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN. . 3. A PLANNED UNIT DEVELOPMENT ALLOWS FOR FLEXIBILITY IN SUBDIVISION DESIGN. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY PHOENIX ENTERPRISES FOR PRELIMINARY PLAT APPROVAL OF HILLSIDE ESTATES 9TH ADDITION, PUBLIC HEARING CASE NO. P 98-5, AND CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 98-21, WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTERD PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. A PLANNED UNIT DEVELOPMENT AGREEMENT IS PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 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. Planning Commission Minutes March 23, 1999 Page 20 . 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. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY 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 WILL NEED TO BE CERTIFIED PRIOR TO ISSUANCE OF BUILDING PERMITS. 9. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES. 10. A LANDSCAPE PLAN, AND A CLEARING AND TREE PROTECTION PLAN SHALL BE PROVIDED PRIOR TO FINAL PLAT. THE LANDSCAPE PLAN SHALL INCLUDE LANDSCAPING ON THE CUL DE SAC ISLANDS AND THE MEDIAN ON 193RD WITH SOD AND OVERSTORY TREES, AND REFORESTATION ALONG 193RD WHERE NEEDED. MAINTENANCE OF THE LANDSCAPING ON THE CUL DE SAC ISLANDS SHALL BE PROVIDED BY THE ADJACENT PROPERTY OWNERS. . 11. AN EASEMENT BE DEDICATED FOR THE TEMPORARY CUL DE SAC. 12. ALL WETLANDS ON THE SITE SHALL BE IDENTIFIED AND DELINEATED AND ALL WETLAND PERMITS SHALL BE RECEIVED PRIOR TO COMMENCING ANY WORK IN A WETLAND. 13. A REALISTIC TREE PRESERVATION PLAN BE PROVIDED SHOWING WHICH TREES WILL BE PRESERVED. 14. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 15. MINIMUM SETBACK REQUIREMENTS FOR THE PRINCIPLE STRUCTURE SHALL BE AS FOLLOWS: FRONT YARD SIDE YARD REAR YARD GARAGE SIDE 30 FEET 10 FEET 30 FEET 5 FEET 16. ACCESSORY STRUCTURE SETBACKS SHALL BE: FRONT YARD SIDE YARD REAR YARD 30 FEET 5 FEET 5 FEET 17. ALL MAILBOXES SHALL BE CLUSTERED. . Planning Commission Minutes March 23, 1999 Page 21 . 18. WATER AVAILABILITY CHARGES TO BE PAID TO ELK RIVER UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. 19. SIDEWALK SHALL BE INSTALLED ON THE NORTH SIDE OF 193RD EXTENDING THROUGH THE PLAT. 20. TRAIL SHALL BE INSTALLED ALONG THE EAST BOUNDARY OF THE PLAT CONNECTING WITH THE TRAIL INSTALLED AS PART OF HILLSIDE ESTATES 5TH ADDITION AND EXTENDING TO THE SOUTHERN BOUNDARY OF THE PLAT. 21. THE TRAIL PROPOSED ALONG THE NSP EASEMENT BE INSTALLED AS PART OF THIS PLAT. 22. THE LOTS LINES BETWEEN LOTS 24 AND 23, BLOCK 4 AND LOTS 13 AND 14, BLOCK 4 BE ADJUSTED TO ELIMINATE ODD LOT LINE ALIGNMENTS. 23. LOT 5, BLOCK 1 BE ADJUSTED SO IT WILL HAVE ACCESS FROM THE CUL DE SAC. 24. LOT LINES ON LOT 3, BLOCK 4 BE ADJUSTED SO THEY ARE MORE PERPENDICULAR TO THE STREET. 25. OUTLOT 0 TO BE WIDENED TO 50 FEET. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. . 6.13. Request by City of Elk River for Ordinance Amendment Reqardinq Wind Generators as a Conditional Use in the A 1 (Agricultural) Zonina District, Public Hearing Case No. OA 99-2 Staff report by Scott Harlicker. The City of Elk River has requested an amendment to the zoning ordinance to allow wind generators as a conditional use in the A 1 (Agricultural Conservation) zoning district. Scott reviewed issues regarding visual impacts, noise, safety, environmental and property values. Staff recommended approval of the proposed ordinance amendment. Chair Cote opened the public hearing. Cecelia Scheel, 10271 213th Avenue NW, stated that there are 4 wind generators in the agricultural neighborhood in which she lives and she is not aware of any problems. She felt the wind generators are very much needed. There being no other public comment, Chair Cote closed the public hearing. COMMISSIONER MESICH MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT TO ALLOWING WIND GENERATORS AS A CONDITIONAL USE IN THE A 1 (AGRICULTURAL CONSERVATION) ZONING DISTRICT, PUBLIC HEARING CASE NO. OA 99-2. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. . Planning Commission Minutes March 23, 1999 Page 22 . 6.15. Request bv City of Elk River for Ordinance Amendment Regarding Open Space Subdivision Requlations, Public Hearinq Case No. OA 98-3 Staff report by Steve Wensman. Steve explained that the open space overlay district is proposed for the A 1 and R 1 a zoning district. He stated that he reviewed the ordinance with the Minnesota Land Trust and they provided comments. Staff is waiting for comments from the city attorney. Steve explained that several developers helped with the formulation of the ordinance and they were invited to attend this meeting. The ordinance was designed to provide incentives for developers to utilize the cluster concept. The Park and Recreation Commission will discuss basing park dedication on the yield plan rather than the actual bonus plan at their April 14th meeting. Steve noted that he was not able to incorporate other possible incentives such as tree preservation, storm water treatment, and septic systems. Steve explained that an important issue is who will hold conservation easements. If the Minnesota Land Trust held the conservation easements, they would be inspected yearly for compliance with an original agreement made with a particular developer. Steve explained that site constraints in Elk River are so great for developers to provide the required 50 percent open space, the very land they want to preserve might end up not being preserved. He explained that the current requirements of the Minnesota Land Trust were developed because of the Lake Elmo project. Those criteria may be negotiable if the Land Trust felt the project was credible. . Steve explained that an alternative would be for a homeowner's association to hold the conservation easement. This option may be riskier, since homeowner's associations are sometimes unreliable and would create a situation of neighbors enforcing neighbors. Steve indicated that Sherburne County's open space ordinance bases the amount of land set aside on gross acreage rather than buildable acreage, and he felt the Minnesota Land Trust may not accept some of these lands. They will then be faced with the issue of who will hold the conservation easements. Steve noted that Marly Glines will be providing information to him regarding another possible agency to hold the conservation easements. Steve indicated that the open space ordinance allows some flexibility to deal with development proposals. Chair Cote opened the public hearing. Cecelia Scheel, 10271 213th Avenue NW, expressed her strong objection to the proposed open space subdivision ordinance. Staff indicated that the City is not forcing anyone to develop their property under this ordinance; it is only an option. . A member of the audience questioned who decides how large the lots can be in an area. Steve indicated that the City's Comprehensive Plan is used to determine what lot sizes are appropriate for a particular area. Ms. Scheel stated Planning Commission Minutes March 23. 1999 Page 23 . that the Comp Plan is a forty-year plan that can change next year with a new council. There being no further comment from the public. Chair Cote closed the public hearing. Chair Cote expressed his support for the ordinance amendment and commended staff for their work in researching and drafting the ordinance. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT TO CREATE AND OPEN SPACE PRESERVATION DEVELOPMENT OVERLAY DISTRICT AND REGULATIONS, PUBLIC HEARING CASE NO. OA 98-3. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 8. Adiournment There being no further business, COMMISSIONER THOMPSON MOVED TO ADJOURN THE MEETING. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at 11 :50 p.m. Resgectfully submitted, /<{)e~j 9<.icLJ/U-{.) . Debbie Huebner, Recording Secretary .