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08-14-2001 PC MIN - SPECIAL . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, AUGUST 14, 200 I Members Present: Chair Pederson, Commissioners Franz, Ropp and Schuster Commissioner Baker arrived at 6:40 p.m. Members Absent: Commissioner Mesich Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner; Chris Leeseberg, Park Planner/Planner; Terry Maurer, City Engineer; 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 6:35 p.m. by Chair Pederson. 2. Consider 8/14/01 Planning Commission Agenda . COMMISSIONER FRANZ MOVED TO APPROVE THE AUGUST 14,2001 PLANNING COMMISSION AGENDA. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Request by Phoenix Enterprises for Land Use Plan Amendment to Bring Certain Property into the Urban Service District. Public Hearing - Case No. LU 01-05 Request by Phoenix Enterprises for Preliminary Plat Approval (Kliever Lake Hills). Public Hearing. Case No. P 01-09 4. Staff report by Scott Harlicker. Phoenix Enterprises requests an amendment to the land use plan to bring a 39.58-acre parcel into the Urban Service District prior to 2007, and preliminary plat approval of Kliever Lake Hills (39 single family lots). The property is located ~ mile south of County Road 12 and ~ mile west of Fillmore Street, with a portion of the property encompassing Kliever's Marsh. Elk River Municipal Utilities is negotiating with the property owner for the purchase of a one-acre parcel in the southeast corner for construction of a water tower. Mr. Harlicker reviewed the land use amendment, lot sizes, shoreland ordinance issues, access, grading and utilities, landscaping and park dedication recommendation. Staff recommends approval of the plat with the 12 conditions listed in the staff report. City Engineer Terry Maurer explained that utilities cannot be extended to this property until Kliever Lake Fields is developed to the north. He felt that there is an opportunity to preserve more vegetation by custom grading some of the sites. He recommended that the developer be required to work with staff on grading to preserve trees. . Planning Commission Minutes August 14,2001 Page 2 . Commissioner Schuster asked if approval of the land use amendment for this property would open up development in other sections in the area. Terry Maurer explained that future development would require other developers to request a similar amendment Commissioner Schuster asked where the main line is located. Mr. Maurer stated that the line crosses County Road 12. Commissioner Franz asked how trees would be protected. Mr. Maurer explained that the City's policy for tree preservation would be followed which includes marking and fencing the trees with snow fencing. Commissioner Franz asked if the roads would line up with future road connections to the Mitchell property. Mr. Maurer stated yes and explained the layout. Mr. Harlicker stated that Outlot B would be dedicated for park. He noted that the concept plan for the Mitchell property to the south shows a continuation of this park and also a trail connection to 175th. Mr. Maurer noted that there is trail placed on the north side of 175th Avenue. Chair Pederson opened the public hearing. . Ruth Brown, 17773 Tyler Street, asked what impact this plat would have on their property. Mr. Maurer stated that there would be no assessments to their property and that the rest of the property designated for inclusion in the Urban Service District in 2007 would remain without assessments until 2007, unless a developer petitions for services sooner and the request is approved by the City Council. Ms. Brown expressed her concerns regarding trespassing, safety and liability. She felt that the power line corridor will appear as a corridor to Hillside City Park, as well as Wal-Mart and Home Depot, and people may cross their private property to access these areas. Daryl Thompson, 20680 Watson Street, representing the applicant, stated that there is an easement located on the south side of the 40 acres for electric utilities. He explained that they had no plans to develop the property at this time, but that they were approached by the Municipal Utilities. Mr. Thompson stated that timing for development of the site with single family homes will depend on how much they will be required to invest in order to accommodate the Utilities. Mr. Thompson stated that he was also disappointed in the grading plan and felt there was no reason they could not save more trees. Commissioner Franz expressed his support for the City Engineer's comments on tree preservation. Commissioner Baker asked Mr. Maurer if the plat would change significantly by the changes in grading he was proposing. Mr. Maurer stated that there would not be a significant change and that the number of lots and average lot sizes would likely remain the same. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY PHOENIX ENTERPRISES FOR A LAND USE AMENDMENT TO BRING CERTAIN PROPERTY INTO THE URBAN SERVICE DISTRICT, CASE NO. LU 01-05. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. . COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY PHOENIX ENTERPRISES FOR PRELIMINARY PLAT APPROVAL (KLIEVER LAKE HILLS), CASE NO. P 01-09, WITH THE FOLLOWING CONDITIONS: Planning Commission Minutes August 14,2001 Page 3 . 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. STAFF AND THE DEVELOPER SHALL WORK TO DEVELOP A GRADING AND TREE PRESERVATION PLAN THAT WILL SAVE AS MANY TREES ON THE SITE AS POSSIBLE, AS PER CITY ORDINANCE FOR THE RIE ZONING DISTRICT. 3. OUnOTS BAND C SHALL BE SHALL BE DEEDED TO THE CITY WHEN THE PLAT IS RECORDED. THE TOTAL LAND AREA SHALL EQUAL 3.96 ACRES, THEREFORE OUTLOT BE SHALL BE REVISED TO ADD ADDITIONAL PROPERTY TO THE DEDICATION. 4. SIDEWALK SHALL BE CONSTRUCTED ALONG ONE SIDE OF EACH OF THE THREE STREETS. 5. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. 6. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. . 7. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 9. THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER MUNICIPAL UTILITIES FOR WATER AVAILABILITY CHARGES. . 10. THE DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING THE FINAL GRADE FOR THE PARK AND ESTABLISHING VEGETATIVE COVER. 11. THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS. 12. THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE REQUIRED ELECTRONIC FORMAT. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Planning Commission Minutes August 14,2001 Page 4 . 5. 6. Request by Elk River Station. LLP for Waiver to the T ownhome Moratorium Request by Elk River Station. LLP for Land Use Amendment to change the land use from L 1. Light Industrial and LR. Low Density Residential. to CC. Community Commercial and MR. Medium Density Residential. and to bring property into the Urban Service District. Public Hearing - Case No. LU 01-02 Request by Elk River Station. LLP for Rezoning from Rla to PUD (planned Unit Development). Public Hearing - Case No. ZC 01-03 Request by Elk River Station. LLP for Preliminary Plat Approval (Elk River Station). Public Hearing - Case No. POl-OS Request by Elk River Station. LLP for Conditional Use Permit (Elk River Station). Public Hearing - Case No. CU 01-08 7. 8. 9. Chair Pederson excused himself from discussion on these items. Vice Chair Baker presided over the meeting. Senior Planner Scott Harlicker provided a summary of the project proposed by Elk River Station, LLP Qohn Peterson and Len Pratt) for a mixed use development including apartments, townhomes, senior housing and daycare, commercial, retail and office. The property is located east of Twin Lakes Road and north of the Burlington Northern Railroad tracks at 171st Avenue. City Engineer Terry Maurer reviewed his concerns regarding grading and drainage as explained in his memo dated August 9,2001. He concluded that in the event of an extreme runoff, access for the entire east end of the project would be cut off. . Planner Chris Leeseberg explained the differences between the current row house drawings and previous examples, and why staff preferred the earlier drawings. Mr. Harlicker explained that the Park and Recreation Commission recommended cash dedication of $394,980 and 2.97 acres of park land which is divided between 5 neighborhood parks. The developer will be given park dedication credit for installing improvements in the parks and constructing the asphalt trail. He noted that issues regarding maintenance will need to be discussed in detail. Mr. Harlicker reviewed the commercial! office proposal for both the west side and east side of Tyler Street and discussed issues regarding parking and access. Mr. Harlicker then reviewed the senior housing/ daycare proposal, traffic and streets, grading, drainage and utilities, public safety, pedestrian access, design standards, landscaping, and park dedication. Commissioner Schuster asked for clarification on the two full access points recommended by the City Engineer. Mr. Maurer explained his recommendation, stated that he felt the best option was a connection to the east to 175th Avenue. He stated that this option would also be more costly, due to wetland issues. Commissioner Schuster asked for clarification as to the area which the City Engineer felt would have water over a foot deep in the event of an 100-year storm. Mr. Maurer described a 1.86 acre area which has only one catch basin shown on the plan. Vice Chair Baker opened the public hearing at this time. No comment from the public was offered. . Planning Commission Minutes August 14,2001 Page 5 . Paul Sween, representing Dominium, stated that they found the parking standard ratio of 2.5 spaces per unit to be excessive. He asked that they be allowed to demonstrate proof of additional parking, which would be built if needed. He stated that they would need to remove large mature trees in order to add more parking, which may not be required. Mr. Sween stated that they would not want their customers to be driving through water to get to and from their homes, so they would also want to ensure that drainage was adequately addressed. He noted that they would be working with staff on adding a second "step" to the second apartment building, since this alternative may impact the trees. Mr. Sween explained that they plan to own the buildings for a long time and have a vested interest in the quality of the construction. He felt that these buildings will be considered "best of class" not only in Elk River, but in the Twin Cities. Bill Pritchard discussed exterior materials for the townhomes. He stated that stone will be included in the standard design, and not as an option as previously proposed. He displayed the three types of stones which would be intermixed in the construction. Mr. Pritchard explained that they felt the Craftsman style would be more appropriate for this project, and that this design would allow more articulation of individual homes. . Mr. Pratt stated that the townhome units would vary in depth (2 - 3 feet minimum), and that they would like to work with staff on the final architectural details. He felt the Craftsman style would be more in character with the rural setting. He stated that similar materials and colors would be used in the row homes and the townhomes. Mr. Harlicker asked if the individual units would be different colors. Mr. Pritchard stated that maintenance would be very difficult for the homeowner's association if different colors were used. Vice Chair Baker suggested using colors from the same color palette, on different units. Mr. Pratt and Mr. Pritchard were willing to consider this idea. Mr. Pratt stated that they felt the Craftsman style rather than the Georgetown style better expressed the rail station theme. Mr. Pratt stated that the commercial/office buildings will also be designed with the rail station theme. He asked that the Commission approve the concept only for the buildings, since a conditional use permit will be required for each building. Jim Johnson of Hakanson-Anderson, discussed the comments of the City Engineer in his letter to Scott Harlicker dated August 9, 2001. He reviewed his response letter dated August 14th regarding traffic concerns. He explained his reasons why he felt the trip counts are a "worst case scenario" and do not take into consideration the travel options which will be available to residents living within the development. Mr. Johnson reviewed an alternative plan to deal with traffic issues as outlined in his letter. He discussed reasons to support having the proposed roundabout. Mr. Johnson suggested that the project could be phased in order to deal with traffic issues as the arose. Mr. Maurer asked if Mr. Johnson has seen the concept drawing which shows six pedestrian walkways ending up at the roundabout. He stated that if the plat is approved, there is no reason they couldn't apply for building permits to build the entire project, if they chose to. Mr. Maurer stated that he would like to know how they planned to close down the % intersection, if it became necessary. Derek Passe of Passe Engineering, responded to City Engineer Terry Maurer's memo dated August 9, 2001. He stated that he did not include the design of every catch basin and that he was aware there are some areas that need more. He stated that the street would need to be raised in the eastern area of possible flooding which the Mr. Maurer referred to. . Mr. Maurer stated that he needs more detailed calculations and that he advised Mr. Passe at the beginning of the review process for this project that the calculations he submitted were Planning Commission Minutes August 14,2001 Page 6 . not adequate. Mr. Maurer stated that he was in agreement that there is a one percent chance of a storm occurring which would flood the eastern area of the plat, but that he has seen this happen in Elk River. Mr. Passe stated that he agreed more emergency inlets may be needed. He stated that he will be working on redesigning the retaining area down to the ponds. Mr. Maurer stated that drainage in the western area also needs to be addressed, and since they do not own the property, he is unsure how this can be considered. Mr. Maurer concluded that the issues he is concerned about need to be addressed in the grading and drainage plan, not in the developer's agreement. Mr. Pratt explained how the trail system behind the apartment buildings is proposed to be utilized for emergency access. Mr. Maurer stated that the proposed access for emergency vehicles would meet the fire code requirements. He discussed the park dedication recommendation, noting that maintenance issues will need to be worked into the homeowners' association documents. Dana Anderson, 12368 196th Circle, asked that the Commission take the time to work out the concerns which have been brought out and not bury them in a developer's agreement for staff to deal with. He felt there are very serious issues regarding traffic and the proximity of the railroad tracks. He cautioned the Commission to be careful in what they approve, and that the project may look totally different when it is completed. . Commissioner Schuster commented on the following: he supported the townhome waiver, land use amendment, and rezoning, he liked the apartment building concept and felt this was a good area for affordable housing, he supported the townhome designs, and he was comfortable with the shared parking concept for the commercial/ retaiV office areas. He stated that Mr. Maurer's concerns need to be addressed before moving ahead. He expressed concern regarding the number of trains which will be blocking traffic from not only this development, but other traffic trying to move through this area as well. Commissioner Franz stated that he felt this is a good project but that it is not ready to move forward. He agreed with the waiver, the land use amendment, and rezoning. He commended the developers for their efforts but felt there are some serious issues that need to be dealt with. He felt it would be a disservice to the community not to work out the issues which have been discussed. He disagreed with having variations in color on the townhomes. He would like to see a certain percentage of stone required on the townhomes. Commissioner Ropp stated he was in agreement with Commissioner Schuster and Commissioner Franz's comments. He stated he was not comfortable recommending approval of the project until the issues can be resolved. Vice Chair Baker asked how Planner Chris Leeseberg felt about the changes in the townhome designs. Mr. Leeseberg stated that he felt they appeared to be a smaller version of the apartment buildings. He felt more was needed to break up the individual units. . Vice Chair Baker asked Mr. Harlicker why he recommended denial of the rezoning. Mr. Harlicker stated that approval of a rezoning generally means approval of a concept and that staff is not comfortable with the entire concept of the project at this time. Vice Chair Baker stated he would support waiver of the moratorium and the land use amendment. He felt . . . Planning Commission Minutes August 14, 2001 Page 7 there needs to be more individuality in the townhomes and that he was in agreement with staff's recommendations. He stated that he applauded the developer for their efforts. A short recess was called at this time. Mr. Pratt suggested that since there are concerns regarding the commercial area to the west, that this could be rezoned to Community Commercial, rather than PUD. He also suggested that the pond could be made larger to eliminate concerns regarding flooding. Mr. Pratt felt that if the phasing steps were taken as suggested in Mr. Johnson's memo regarding traffic, they could see what the traffic issues were and address them appropriately at that time. He stated that he would like a recommendation from the Commission on the project either way, in order to move it on to the City Council. COMMISSIONER SCHUSTER MOVED TO RECOMMEND THAT THE CITY COUNCIL GRANT A WAIVER TO THE TOWNHOUSE MORATORIUM, AS REQUESTED BY ELK RIVER STATION LLP. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. COMMISSIONER SCHUSTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY ELK RIVER STATION LLP FOR A LAND USE PLAN AMENDMENT TO CHANGE THE LAND USE FROM LR AND LI TO MR AND CC, AND TO BRING CERTAIN PROPERTY INTO THE URBAN SERVICE AREA, CASE NO. LU 01-02. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. COMMISSIONER SCHUSTER MOVED TO RECOMMEND DENIAL OF THE REQUEST BY ELK RIVER STATION LLP FOR REZONING FROM RIA, A AND It TO PUD, BASED ON THE CONCERNS OUTLINED IN THE CITY ENGINEER'S MEMO DATED AUGUST 9, 2001 REGARDING TRAFFIC, DRAINAGE, UTILITIES, AND GRADING. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. COMMISSIONER SCHUSTER MOVED TO RECOMMEND DENIAL OF THE REQUEST BY ELK RIVER STATION LLP FOR PRELIMINARY PLAT APPROVAL (ELK RIVER STATION), CASE NO. P 01-07, BASED THE INFORMATION IN THE STAFF REPORT DATED AUGUST 14,2001 AND THE CITY ENGINEER'S MEMO DATED AUGUST 9, 2001. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. COMMISSIONER SCHUSTER MOVED TO RECOMMEND DENIAL OF THE REQUEST BY ELK RIVER STATION LLP FOR A CONDITIONAL USE PERMIT, CASE NO. CU 01-08, BASED ON THE INFORMATION IN THE STAFF REPORT DATED AUGUST 14, 2001, THE CITY ENGINEER'S MEMO DATED AUGUST 9, 2001, AND PUBLIC COMMENT. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 10. Adiournment There being no further business, Chair Pederson adjourned the meeting. The meeting of the Elk River Planning Commission adjourned at 9:37 p.m. Planning Commission Minutes August 14,2001 Page 8 . Respectfully submitted, Debbie Huebner Recording Secretary . .