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08-24-1999 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, AUGUST 24,1999 Members Present: Chair Cote, Commissioners Chambers, Kuester, Mesich, Thompson and Schuster Members Absent: None Staff Present: Michele McPherson, Director of Planning; Terry Maurer, City Engineer; Stephen Rohlf. Building and Zoning Administrator; Scott Harlicker, Senior Planner; Debbie Huebner, Recording Secretary 1 . Call Meetina To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:41 p.m. by Chair Cote. 2. Consider 8124/99 Plannina Commission Aaenda COMMISSIONER THOMPSON MOVED TO APPROVE THE AUGUST 24, 1999, PLANNING COMMISSION AGENDA. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3.1. Consider 7/13/99 Special Meetina Minutes COMMISSIONER THOMPSON MOVED TO APPROVE THE JULY 13, 1999, MINUTES. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 4-0-2. Commissioners Kuester and Mesich abstained. 3.2. Consider 7127/99 Plannina Commission Minutes COMMISSIONER THOMPSON MOVED TO APPROVE THE JULY 27, 1999, MINUTES. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0-1. Commissioner Mesich abstained. 5. Planning Commission Representative to Attend City Council Meetina Commissioner Thompson will attend the September 20, 1999 City Council meeting. 6.1. Request bv CAMAS Minnesota. Inc. for Conditional Use Permit to amend hours of operation. Public Hearina Case No. CU 99-29 Staff report by Stephen Rohlf. CAMAS Minnesota, Inc. is requesting an amendment to their existing conditional use permit to allow screening, washing and crushing of gravel at their facility from 6:00 a.m. to 2:00 a.m. Current hours for Planning Commission Minutes August 24. 1999 Page 2 . their operation are 6:00 a.m. to 10:00 p.m. CAMAS is also requesting permission to repair equipment at their mine 24 hours a day. Mr. Rohlf reviewed the history of the site and issues associated with the CAMAS operation addressed in the memo to the Planning Commission regarding traffic, noise, glare, water usage and hours of operation. He reviewed the proposed language changes in the conditional use permit. Mr. Rohlf noted that the city allowed CAMAS to operate in the extended hours on a trial basis for 7 days in August and no complaints were received from the Horvath's which are closest to the operation, or any other residents. Adjacent residents were notified of the trial extended hours. He explained that CAMAS has a history of meeting with the neighboring residents regarding any changes in their operation and has been very successful in addressing their concerns. Mr. Rohlf stated that if any problems arise with the new hours of operation, the conditional use permit provides the city a means of control. Staff recommended approval of the amendment to the conditional use permit as proposed in the staff report. Chair Cote opened the public hearing. Ed Hunt, 21777 Olson Street, stated he was concerned that when the leaves fall off the trees, the sound will carry further than it does now. He suggested that CAMAS add a second crusher if they wished to speed up their operation. There being no further comments from the public, Chair Cote closed the public hearing. . Commissioner Chambers asked Mr. Biraugle of CAMAS why they are not planning to "double up" on their equipment to increase their production. Bob Biraugle, representing CAMAS, Minnesota, stated that the noise would also be doubled. He noted that CAMAS will be using urethane (rubber) screens and lining the equipment chutes with rubber to reduce noise. Mr. Biraugle stated that he visited the site during the extended hours and the only noise which was heard was a soft "thumping" one time when a rock was stuck. Commissioner Mesich questioned if there were mines in the city operating 24 hours a day. Mr. Rohlf stated that the Barsody, Toth and Plaisted Companies' pits had extended hours. Commissioner Mesich questioned if there were any other types of complaints regarding the mines. Mr. Rohlf indicated that a complaint was received from Mr. Horvath regarding dust. Since that time, a berm has been constructed to address his concern. Also, two years ago a complaint was received on an occasion when a bearing went out in the crusher and the noise could not be heard in the pit itself, but created a high pitched squealing sound one-half mile away. Mr. Rohlf stated that the permit is structured so that if any problems arise which are related to the extended hours, CAMAS will be required to make the necessary corrections in order to continue operating. Chair Cote stated he felt the conditional use permit was adequate to address any concerns which may arise. . Mr. Biraugle stated that CAMAS sent letters to residents within 1,000 feet of the operation approximately 2 weeks ago. advising them of the proposed change in hours and he received no calls. Planning Commission Minutes August 24. 1999 Page 3 . Commissioner Schuster asked if any problems were anticipated with the additional truck traffic which would be generated. Terry Maurer stated that the roads should be able to handle the additional traffic, which would be mostly off- peak hours. COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY CAMAS, MINNESOTA, FOR A CONDITIONAL USE PERMIT AMENDMENT TO EXTEND HOURS OF OPERATION, PUBLIC HEARING CASE NO. CU 99-29, WITH THE CHANGES RECOMMENDED BY STAFF IN THE MEMO TO THE PLANNING COMMISSION DATED AUGUST 24, 1999. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6.2. Reauest by Little Lambs Christian Daycare and Preschool for Conditional Use Permit. Public Hearing Case No. CU 99-28 Staff report by Michele McPherson. Central Lutheran Church has requested a conditional use permit to allow the operation of a Christian daycare and preschool at 1103 School Street. Ms. McPherson reviewed issues related to parking, access, signage, landscaping and licensing. Staff recommended approval with the two conditions listed in the staff report dated August 24, 1999. Chair Cote opened the public hearing. Gloria Bergum, representing Central Lutheran Church, stated she was present to answer any questions. . There being no further comments from the public, Chair Cote closed the public hearing. COMMISSIONER MESICH MOVED RECOMMEND APPROVAL OF THE REQUEST BY CENTRAL LUTHERAN CHURCH FOR A CONDITIONAL USE PERMIT TO OPERATE A DA YCARE AND PRESCHOOL, PUBLIC HEARING CASE NO. CU 99-28, WITH THE FOLLOWING CONDITIONS: 1. THE APPLICANT SHALL COMPLY WITH THE STATE LICENSING GUIDELINES. 2. THE APPLICANT SHALL COMPLETE THE LANDSCAPING APPROVED WITH CU 97-23. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6.3. Reauest by Team Birke/Minnesota Biathlon for Conditional Use Permit to Construct a Shelter, Public Hearing Case No. CU 99-31 . Staff report by Michele McPherson. The Minnesota Biathlon requests approval of a conditional use permit to allow construction of a 14' x 20' shelter building on CAMAS property, 250 feet east of the existing railroad trail. Ms. McPherson explained three issues have been identified relating to this request: 1) conflict with the City's firearm discharge ordinance, 2) future reuse of the site once excavation is complete, and, 3) site plan requirements. Staff recommended approval with the 2 conditions outlined in the staff report. Planning Commission Minutes August 24. 1999 Page 4 . Commissioner Kuester asked if the fire chief has reviewed the request. Ms. McPherson stated that the fire chief could review it prior to the City Council meeting on September 20th. Chair Cote asked if the park property is considered platted. Ms. McPherson stated that it was not and that the closest platted property is the Ridgewood development. Chair Cote opened the public hearing. John Kuester, Park and Recreation Commission representative, stated that the Park and Recreation Commission had not had an opportunity to review the proposal but the only concern they had was that the design of the building be compatible with the rustic and wooded setting of the park. He asked that the building be unobtrusive as possible, preferably with a dark exterior. Dave Madsen, 205 Penn Avenue South, Minneapolis, Minnesota Biathlon member, explained that the design of the building is intended to blend in with the site. He stated that details of the building construction will be provided to the Park and Recreation Commission prior to construction. Commissioner Chambers asked if the building would be insured. . Piotr Bednarski, resident of St. Louis Park, Head Coach of the Minnesota Biathlon, reviewed the insurance coverage for the building and their activities. Mr. Bednarski explained that Mr. Madsen is also the architect who designed the building, and that it may possibly have a turf roof. Commissioner Thompson asked if the building would be screened. Mr. Bednarski stated that the building will not be visible from the trail because of a rise in elevation of the land and the fact that it is heavily wooded. There being no comments from the public, Chair Cote closed the public hearing. COMMISSIONER MESICH MOVED APPROVAL OF THE REQUEST BY MINNESOTA BIATHLON FOR A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 14' X 20' SHELTER BUILDING, PUBLIC HEARING CASE NO. CU 99-31, WITH THE FOLLOWING CONDITIONS: 1. THAT THE CITY WILL AMEND SECTION 404.12 OF THE ORDINANCE TO ALLOW THE BIATHLON CLUB TO CONTINUE TO DISCHARGE FIREARMS AT THIS LOCATION. 2. THE SHELTER IS CONSIDERED TEMPORARY IN NATURE AND MAY BE REMOVED AT THE REQUEST OF THE PROPERTY OWNER OR IF THE SITE IS REUSED IN THE FUTURE. 3. THAT THE PROPOSED BUILDING SHALL BE CONSTRUCTED IN COMPLIANCE WITH ALL STATE AND CITY BUILDING CODES. . 4. THE PROPOSAL BE REVIEWED BY THE FIRE CHIEF PRIOR TO CITY COUNCIL REVIEW ON SEPTEMBER 20, 1999. Planning Commission Minutes August 24. 1999 Page 5 . COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6.4. Reauest by Bridgeland Development Co. for Rezoning (R1a to PUDl. Public Hearina Case No. ZC 99-7 6.5. Reauest by Bridaeland Development Co. for Preliminary Plat (Preserve Estates). Public Hearina Case No. P 99-10 6.6. Reauest by Bridaeland Development Co. for Conditional Use Permit. Public Hearina Case No. CU 99-30 Staff report by Scott Harlicker. Bridgeland Development has requested a zone change from R1a (Single Family) to PUD (Planned Unit Development). and preliminary plat and conditional use permit for a 27 lot single-family development on a 74.7 acre parcel. Mr. Harlicker explained that the developers are proposing development of the site under the DNR Shoreland Ordinance (PUD) and they have utilized increased density under the DNR guidelines by increasing the setbacks for septic systems and protecting existing vegetation around the pond. Mr. Harlicker reviewed issues associated with the project including septic systems. right-of-way and access. wetlands. setbacks, landscaping and tree preservation. The Park and Recreation Commission has recommended cash dedication to meet the park dedication requirements. Staff recommended approval of the requests with the findings listed in the staff report. . Terry Maurer, City Engineer, stated that he has just received revised plans which address some of the concerns mentioned in his memo dated August 17, 1999, but he has not had time to review them. Commissioner Thompson asked if the open space would become a conservation easement. Mr. Harlicker stated that the open space will be in the ownership of the homeowners' association. He explained that language will be included in the homeowner's association agreement that no further development can occur within the plat. Chair Cote asked what would happen to the septic maintenance if the homeowners' association goes defunct. Mr. Harlicker stated that the city attorney will be asked to address the issue. Chair Cote asked the city engineer if there were significant issues to be addressed. Terry Maurer stated that the revised plans need to address storm water crossing over septic systems. grading concerns regarding steep driveways, and how many additional trees will be removed by making the necessary changes to the plat. Commissioner Cote expressed his concern regarding septic systems located adjacent to the wetlands. Mr. Maurer indicated that perk tests and calculations will be required. Commissioner Mesich stated he was very concerned that the city's zoning laws are being bypassed for this development. . Chair Cote opened the public hearing. Planning Commission Minutes August 24, 1999 Page 6 . Peter Knaeble of Terra Engineering, representing Bridgeland Development Co., stated that a neighborhood meeting was held on August 12, 1999. He reviewed issues associated with the plat regarding density, tree removal, wetlands and storm water. Mr. Knaeble felt the density of the proposed plat was consistent with the surrounding developments. Steve Nelson, representing Bridgeland Development Co., stated that the 27 acre conservation easement which will be dedicated to the homeowners' association will be a permanent easement. He stated that if the homeowners' association is properly established, there should not be a problem if a septic failure occurs and that individual homeowners will still be responsible for the cost. Mr. Nelson stated that the value of the homes in this development is expected to be $250,000 and up. Curt Kragness, 10718 201 sf Circle, expressed his concern that the stand of pine trees in the northwest corner of the site will remain. Mr. Kragness asked what the difference was between R 1 a and PUD zoning. Mr. Harlicker explained that the PUD allows flexibility in setbacks, lot sizes and preservation of certain amenities. He noted that this property is a difficult site to develop and that a number of plans have been presented to the city for this site and all were similar to this plan. Mr. Kragness asked if 201 sl Circle will become a through-street. Mr. Harlicker stated that 201 sl would not be a logical connection and any future connection would likely be to the north at 203rd A venue. . Commissioner Mesich stated that he felt in this case, the PUD zoning was being used for creative profit not creative development. He explained that the PUD ordinance specifies that a proposal shall be consistent with the Comprehensive Plan and allows flexibility without changing the underlying zoning. He stated that he felt Bridgeland's proposal does not meet the criteria for a PUD. Doug Kraus, 20050 Tyler Street, explained that the new road from this development will face his front yard. He was concerned about traffic speed on Tyler and felt visibility at the proposed intersection will pose a safety concern. Mr. Nelson stated that he will work with Mr. Kraus to screen his property from headlights, but that he could not mandate what is done about vehicle speed and traffic volume on Tyler Street. Commissioner Chambers asked if sidewalks and street lights would be installed. Mr. Nelson explained their proposal and noted that no sidewalk will be provided, but lights are required and trails will be installed in the open space. Commissioner Kuester asked why clustered septic systems were not proposed. Mr. Nelson stated that the process for approval of clustered systems was too long and did not fit into their plan. Commissioner Kuester stated that she felt there would be more protection for the homeowners on a clustered system if a problem arose. . Mr. Rich Hawkins, attorney representing the developers, indicated that the homeowners' association documentation is fairly simple and will be structured to address septic system problems or failures. He noted that even though the septic systems will be the responsibility of the homeowners' association, the individual property owner will still have the responsibility to maintain their own system. Planning Commission Minutes August 24, 1999 Page 7 . Peter Knaeble stated that approximately one-half of the pine tree stand will remain after road construction. He stated he did not feel there was a visibility issue onto Tyler Street, but he would support a 3-way stop at the intersection if it was warranted. Mr. Hawkins spoke in support of clustering. He stated that the density they are proposing is the same as the underlying zoning. Eric Brandvig, 20016 Tyler Street, stated he was concerned that the PUD zoning would allow more homes that the current R 1 a zoning. He was also concerned about the additional traffic on Tyler Street. Ed Hunt, 27717 Olson Street, expressed his concern that if a septic system failed on the small lots in the proposed development, there would not be adequate room to locate a new system. Sharon Miller, 19862 Twin Lakes Road, was concerned that flooding may occur on the septic systems located on the corner lots. Ms. Miller stated that sometimes the beaver dams upstream cause flooding. There being no additional comments from the public, Chair Cote closed the public hearing. . Discussion following regarding the possibility of a need for variances in the future. Chair Cote suggested that a condition be included that no variances will be allowed. Ms. McPherson stated that property owners have the right by state statute to apply for variances. Ms. McPherson suggested that language could be included in the covenants to ensure that the design requirements eliminate the need for variances. Commissioner Mesich stated that the PUD ordinance specifies that a PUD must be served by sanitary sewer, and he did not feel the Planning Commission could allow the developer to bend the rules in order to develop the site. COMMISSIONER MESICH MOVED TO RECOMMEND DENIAL OF THE REQUEST BY BRIDGELAND DEVELOPMENT COMPANY FOR A REZONING FROM RA1 (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT), PUBLIC HEARING CASE NO. ZC 99-7, BASED ON THE FOLLOWING FINDINGS: 1. THE PLAT DOES NOT MEET THE INTENT OF THE PUD ORDINANCE 2. THE PLAT IS NOT CONSISTENT WITH THE SURROUNDING AREA. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION FAILED 2-4. COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY BRIDGELAND DEVELOPMENT FOR A REZONING FROM R1A (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT), PUBLIC HEARING CASE NO. ZC 99-7, BASED ON THE FOLLOWING FINDINGS: . 1. A PLANNED UNIT DEVELOPMENT ALLOWS A COMPREHENSIVE REVIEW OF DEVELOPING THE PROPERTY. Planning Commission Minutes August 24, 1999 Page 8 . 2. A PLANNED UNIT DEVELOPMENT ALLOWS FOR FLEXIBILITY IN SUBDIVISION DESIGN. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-2. Chair Cote and Commissioner Mesich opposed. COMMISSIONER KUESTER MOVED APPROVAL OF THE REQUEST BY BRIDGELAND DEVELOPMENT CO. FOR CONDITIONAL USE PERMIT CASE NO. CU 99-30 FOR A SINGLE FAMILY DEVELOPMENT (PRESERVE ESTATES), WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT AND PUD 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 AUGUST 17, 1999, BE INCORPORATED INTO THE PRELIMINARY PLAT PRIOR TO CITY COUNCIL REVIEW AND MADE A CONDITION OF APPROVAL. 3. THAT WRITTEN APPROVAL IS OBTAINED FROM THE APPLICABLE PROPERTY OWNERS, PRIOR TO GRADING OFF SITE ON PRIVATE PROPERTY. . 4. THAT SOIL BORINGS BE CONDUCTED ON LOTS AS REQUIRED BY THE CITY ENGINEER PRIOR TO CITY COUNCIL REVIEW OF THE PRELIMINARY PLAT TO ENSURE SUITABILITY FOR SEPTIC SYSTEMS. 5. THAT A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED, SUBJECT TO THE CITY ATTORNEY REVIEW AND APPROVAL, PRIOR TO FINAL PLAT. 6. THAT THE DNR REVIEW AND APPROVE THE HOMEOWNERS ASSOCIATION MAINTENANCE AGREEMENT FOR INDIVIDUAL SEPTIC PRIOR TO FINAL PLAT. 7. THAT THE OPEN SPACE CONTAINED IN OUTLOTS A & B HAVE A DEED RESTRICTION ON THEM TO PROHIBIT FURTHER DEVELOPMENT TO BE RECORDED AT THE SAME TIME AS THE FINAL PLAT. 8. THAT THE HOMEOWNERS ASSOCIATION DOCUMENTS INDICATE THAT THE OUTLOTS IN THE DEVELOPMENT ARE OWNED IN COMMON BY ALL RESIDENTS OF THE DEVELOPMENT. 9. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. 10. THAT A LETTER OF CREDIT IS PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 11. 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 August 24. 1999 Page 9 12. 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. 13. PARK DEDICATION FEE AND TRAIL 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. 14. A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 15. ALL LOTS SHALL HAVE A BUILDABLE AREA LARGE ENOUGH TO ACCOMMODATE A 50 'X 50' BUILDING PAD AND A DISTANCE OF 30 FEET BETWEEN THE HOUSE AND ANY WETLAND. 16. 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. 17. A LANDSCAPE PLAN SHALL BE PROVIDED PRIOR TO FINAL PLAT. THE LANDSCAPE PLAN SHALL INCLUDE FRONT YARD AND BOULEVARD TREES AS REQUIRED BY ELK RIVER CITY ORDINANCE. 18. THAT A TEMPORARY CUL-DE-SAC IS INSTALLED AT THE NORTH END OF POLK STREET NW IN THE PLAT AND AN EASEMENT BE DEDICATED FOR THE TEMPORARY CU- DE-SAC. 19. MINIMUM SETBACK REQUIREMENTS FOR THE PRINCIPLE STRUCTURE SHALL BE AS FOLLOWS: FRONT YARD SIDE YARD GARAGE SIDE REAR YARD 35 FEET 20 FEET 20 FEET 30 FEET 20. ACCESSORY STRUCTURE SETBACKS SHALL BE: FRONT YARD SIDE YARD REAR YARD 35 FEET 20 FEET 30 FEET 21. THAT WETLAND MITIGATION BE FINALIZED PRIOR TO CITY COUNCIL REVIEW OF THE PRELIMINARY PLAT. 22. THAT THE NUMBER OF LOTS BE REDUCED FROM THE REQUESTED 27 LOTS DOWN TO 24 LOTS. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-1. COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY BRIDGELAND DEVELOPMENT CO. FOR PRELIMINARY PLAT APPROVAL, CASE Planning Commission Minutes August 24, 1999 Page 10 . P 99-10 (PRESERVE ESTATES), WITH THE STIPULATION THAT THERE BE NO SUBSTANTIAL DEVIATION FROM THE ROADWAY AND LOT CONFIGURATIONS WHICH WERE PRESENTED TO THE PLANNING COMMISSION, WITH THE ALL OF THE PRECEDING CONDITIONS, AND THE FOLLOWING ADDITIONAL CONDITION: 23. THAT AN ADDITIONAL 10 FEET BE ADDED TO THE DRAINAGE AND UTILITY EASEMENT EAST OF TYLER STREET WHICH MAY BE USED FOR TRAIL PURPOSES. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-1. Commissioner Mesich opposed. 6.7. Request by Windsor Develooment for Preliminary Plat AoorovallSeven Oaks), Public Hearing Case No. P 99-9 Staff report by Michele McPherson. Windsor Development has requested approval of a preliminary plat for a 69.40 acre, 86 lot. single-family development. Ms. McPherson reviewed issues addressed in the staff report to the Planning Commission dated August 24, 1999, regarding wetlands, access, grading and drainage, landscaping, homeowners' association, Outlot A, and park dedication requirements. She explained that the Park and Recreation Commission has recommended Lots 15 and 16, Block 2, be added to the land being dedicated as park for a total park dedication of 4.06 acres, or 5.8% of the land. Staff recommends approval of the preliminary plat with the addition of a condition 20 for the developer to acquire access to Lander Street. . Chair Cote asked why the Park and Recreation Commission recommended a 20 foot buffer from the trail to the rear property line of the adjacent lots. Ms. McPherson indicated that this recommendation is based on experience with trails behind lots in previous new development projects. Commissioner Kuester explained that she felt the additional lots were necessary to protect the neighborhood park amenities and to make the park accessible to all residents of the community. Chair Cote asked if the city engineer felt the east-west road through the plat would be used as a cut-through route by M-Vale residents to County Road NO.1. Terry Maurer stated that residents close to the existing outlot may use the road, but most would use either the north or south end of Lander Street to get to a county road. Chair Cote opened the public hearing. . Ron Bastyr, of Windsor Development, developer for the project, reviewed the project. He stated that he felt the trees near the proposed trail need to be removed now, because he has found that despite efforts to preserve them, they will eventually die. Mr. Bastyr explained his plans to landscape the entrance to the development along County Road No.1. He indicated that possibly two lots could have been gained by eliminating the amenities at the entrance, but he felt the aesthetic value was more important. He requested that the easement be platted for ownership and maintenance by the homeowners' association. Mr. Bastyr stated that the loss of Lots 15 and 16, Block 2, for park land would create a financial hardship to the viability of the project. and asked that the lots remain in Planning Commission Minutes August 24. 1999 Page 11 . the plat. Mr. Bastyr felt that a retaining wall could be build along the back of these lots to create the separation for the city trail. Ron and Yvonne Halpaus, 19563 Lander Street, residents adjacent to the west side of the proposed Lot 1, Block 1, Seven Oaks, stated they were concerned that their trees will die because of grading in the development. Mr. and Mrs. Halpaus explained that they have 21 trees, approximately 30 feet tall, which will be affected by the grading. Mr. Halpaus explained that according to information from the county, no work should occur within the canopy area or drip line, in order to prevent root damage. Based on the size of the trees, a 30 foot setback will need to be maintained. Mr. Halpaus stated that the developer has indicated he will be grading up to the lot line and he was concerned that many of their trees will be disturbed. Terry Maurer, City Engineer, suggested that the developer contact his surveyor to inventory the trees and revise the grading plan to reflect protection of the Halpaus' trees. Mr. And Mrs. Halpaus requested that this be done prior to final plat and that the tree protection plan be specific and enforceable. There being no comments from the public, Chair Cote closed the public hearing. Chair Cote stated that he questioned the need for adding Lots 15 and 16 to the park land dedication. Michele McPherson, Director of Planning, explained the concept plan for Meadowvale Park which was approved by the Park and Recreation Commission and how this property ties into that plan. . Commissioner Kuester expressed her support for adding Lots 15 and 16 to the park land, and suggested that Mr. Bastyr regain two lots by eliminating the extended entrance to the development. Commissioner Chambers stated he felt the additional land was needed for good access to the park. COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY WINDSOR DEVELOPMENT FOR PRELIMINARY PLAT (SEVEN OAKS), PUBLIC HEARING CASE NO. P 99-9, WITH THE FOLLOWING CONDITIONS: 1. THAT A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS. 2. THAT ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED AUGUST 19, 1999, BE INCORPORATED INTO THE PRELIMINARY PLAT AND MADE A CONDITION OF APPROVAL. 3. THAT THE DEVELOPER OBTAIN ALL THE APPLICABLE PERMITS PRIOR TO FILLING ANY WETLANDS. 4. THAT SNOW STORAGE EASEMENTS BE PROVIDED IN THE CUL-DE-SACS . 5. THAT A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED THAT MAINTAINS THE RETAINING WALLS AND LANDSCAPING ON PUBLIC PROPERTY Planning Commission Minutes August 24. 1999 Page 12 . AND THE FOUNTAIN ASSOCIATED WITH THE NURP POND, SUBJECT TO THE CITY ATTORNEY REVIEW AND APPROVAL, PRIOR TO FINAL PLAT. 6. THAT A PERMIT FOR A ROAD ACCESS ONTO COUNTY ROAD NO.1 BE OBTAINED FROM SHERBURNE COUNTY PRIOR TO FINAL PLAT. 7. THAT THE DOUBLE FRONTED LOTS ALONG BE SCREENED FROM COUNTY ROAD NO.1 AND THAT A LANDSCAPE EASEMENT BE RECORDED AGAINST THESE LOTS WITH THE RECORDING OF THE FINAL PLAT. 8. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. 9. THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 10. THAT THE PARK TRAIL BE INSTALLED IN THE FIRST PHASE WITH THE PUBLIC IMPROVEMENTS. 11. THAT A SIDEWALK BE INSTALLED ON SOUTH SIDE OF THE MAIN EAST WEST ROAD IN THE DEVELOPMENT. 12. THAT 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. . 13. THAT A 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. 14. THAT 4.05 ACRES OF LAND BE DEDICATED AS PARK BY THE ELIMINATION OF LOTS 15 AND 16, BLOCK 2, SHOWN ON THE PLAT, AND THE REMAINING PARK DEDICATION BE COLLECTED IN CASH IN LIEU OF LAND 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. 15. THAT A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 16. THAT ALL LOTS SHALL HAVE A BUILDABLE AREA LARGE ENOUGH TO ACCOMMODATE A 50' X 50' BUILDING PAD AND A DISTANCE OF 30 FEET BETWEEN THE HOUSE AND ANY WETLAND. 17. THAT 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. 18. THAT A LANDSCAPE PLAN BE PROVIDED THAT SHOWS YARD AND BOULEVARD TREES AND SCREENING ALONG COUNTY ROAD NO. 1. . 19. THAT ALL THE MAIL BOXES IN THE CUL-DE-SACS BE CLUSTERED. Planning Commission Minutes August 24, 1999 Page 13 . 20. THAT THE DEVELOPER OBTAIN CONTROL OF THE OUTLOT IN ORDER TO PROVIDE ACCESS AT LANDER STREET. 21. PRIOR TO CITY COUNCIL REVIEW OF THE PRELIMINARY PLAT, THE DEVELOPER RETAIN A SURVEYOR TO INVENTORY THE TREES ON THE WESTERN BORDER OF LOT 1 ,BLOCK 1, ILLUSTRATE THE TREES ON THE GRADING PLAN, AND MAKE THE NECESSARY REVISIONS TO THE GRADING PLAN TO PROTECT THOSE TREES. PRIOR TO GRADING, THE DEVELOPER SHALL VISUALLY SHOWN IN THE FIELD THE LINE BEYOND WHICH GRADING SHALL NOT OCCUR AND SHALL TAKE ALL NECESSARY PRECAUTIONS FOR EROSION CONTROL TO PREVENT DAMAGE TO THE TREES. 22. THE SIDE YARD SETBACK FOR LOT 1, BLOCK 1, SHALL BE 20 FEET. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-1. Chair Cote opposed. 6.8. Reauest bv City of Elk River for Subdivision Ordinance Amendment Public Hearina Case No. OA 99- 14 . Staff report by Scott Harlicker. In response to a request by Arnold and Margaret Barsody, staff has drafted an ordinance amendment to allow property owners that meet certain criteria a one-time exemption from the lot area and dimensional requirements in the A-1 District. Mr. Harlicker reviewed the criteria and requirements. He noted that the city attorney has advised them that tying an ordinance to the length of ownership would not be enforceable. Chair Cote opened the public hearing. Stephanie Klinzing, Mayor, 10511 2091h Avenue NW, explained the Barsody's wish to have their daughter live close to their home. Mayor Klinzing also spoke regarding residents' concerns in the A 1 zoning district associated with the consolidation of the township in 1977. Mayor Klinzing stated that only 23 property owners in the city would possibly meet the criteria to utilize the proposed ordinance amendment. Lynn Roman, representative of the Minnesota Council on Aging, spoke regarding demands for senior housing and health care which will be experienced with the agining of the "Baby Boomer" generation. She felt the two main issues will be housing and care giver support. Ms. Roman stated that the vast majority of the care will be given by adult children and families of the aging. She stressed the importance of accessibility and choice and felt that the Barsody's request was reasonable. Ed Hunt, 21777 Olson Street, expressed his concerns regarding his situation of not being able to split his property which is located on a private road easement. Mr. Hunt discussed "grandfathering" issues related to the consolidation of the township and city. He stated he felt that individual land owners should be treated with the same fairness as large developers. . Norm Lemon, 11216 Brook Road, stated that he felt property owners should have the right to split their property. . . . , , Planning Commission Minutes August 24, 1999 Page 14 Peggy Bode, 10700 Brood Road, stated that she felt the ordinance amendment was actually a variance and was concerned that if the city makes an allowance for the Barsodys, other requests will follow. Kermit Bode, 10700 Brook Road, stated his concern that the date for exemption from the lot size requirements may not be legally enforceable. Rick Wynn, 21587 Brook Road, expressed his opposition to the amendment. Joyce Hels, 9731 22151 Avenue, expressed her opposition to the proposed ordinance amendment. She felt that the letter she received from Mayor Klinzing regarding the issue was based on emotions and was seeking sympathy to the Barsodys. Ms. Hels felt the ordinance amendment would not be positive and sound for the city and its growth issues. She questioned what assurances the city would have that the property would be kept in the family. Laura Winn, 21578 Brook Road, stated she would like the zoning to remain as it is currently. Cheryl Froelich, 9797 2131h Avenue, was not able to speak on this issue, but will be providing written comments. A resident from the audience stated he did not believe that aging should have anything to do with zoning. He felt that in order to care for aging parents, a person would need to live in the same home, not down the road. There being no further comments from the public, Chair Cote closed the public hearing. Chair Cote stated that the issue before the Planning Commission is a land use issue, and that he felt aging was a social issue which the City Council will need to address. Commissioner Schuster stated he did not support the ordinance amendment and felt it would open the door for other requests for smaller lot sizes in the A 1 district. COMMISSIONER KUESTER MOVED TO RECOMMEND DENIAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN AMENDMENT TO THE SUBDIVISION ORDINANCE TO ALLOW A ONE-TIME EXEMPTION FROM THE LOT AREA AND DIMENSIONAL REQUIREMENTS IN THE A-1 DISTRICT, PUBLIC HEARING CASE NO. OA 99-14. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 7. Other Business 6.1 . Uodate on 8/16/99 CiN Council Meeting bv Commissioner Kuester Commissioner Kuester provided a report on planning issues reviewed at the August 16, 1999, City Council meeting. . - . . ' Planning Commission Minutes August 24, 1999 Page 15 6,2. WorkshoD Meetina 9/14/99 Michele McPherson stated that Marly Glines will be presenting a proposal for a cluster development as part of the mobile workshop on 6/14/99. She noted that two applications have been received for the Planning Commission vacancy. 8. Adiournment There being no further business, COMMISSIONER MESICH MOVED TO ADJOURN THE MEETING. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at 11: 15 p.m. r. .c l;~,/itJd eIt~J/UJ Debbie Huebner Recording Secretary