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08-28-2001 PC MIN . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, AUGUST 28, 200 I Members Present: Chair Pederson, Commissioners Baker, Franz, Mesich, Ropp and Schuster Members Absent: None Staff Present: Michele McPherson, Director of Planning; Charlie Wilson, City Attorney Representative, Terry Maurer, City Engineer; Scott Harlicker, Senior Planner; Chris Leeseberg, Park Planner/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 6:30 p.m. by Chair Pederson. 2. Consider 8/28/01 Planning Commission Agenda . COMMISSIONER MESICH MOVED TO APPROVE THE AUGUST 28, 2001 PLANNING COMMISSION AGENDA. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3. Consider Planning Commission Minutes COMMISSIONER BAKER MOVED TO APPROVE THE JUNE 12, 2001, MINUTES. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER BAKER MOVED TO APPROVE THE JULY 10, 2001, MINUTES WITH THE FOLLOWING CHANGE: COMMISSIONER FRANZ ABSENT. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER FRANZ MOVED TO APPROVE THE JULY 24, 2001, MINUTES. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 4. Planning Commission Representative to Attend City Council Meeting Commissioner Franz will attend the September 17,2001 City Council meeting. Request by Tiller Corporation for Amendment to Conditional Use Permit. Public Hearing- Case No. CU 01-33 . 5.1. Planning Commission Minutes August 28, 2001 Page 2 . Staff report by Steve Rohlf. Tiller Corporation is requesting an amendment to their conditional use permit in order to modify their reclamation plan for CU 92-01. Tiller is making this request in order to accommodate the city and county's timing for the proposed realignments of County Roads 33 and 77. Tiller is proposing to mine the common boundary between their pit and Aggregate Industries' mining operation to the west, relocate their wash plant, and make other minor adjustments to their operation to accommodate the new road corridors. Mr. Rohlf explained that no other changes are proposed in the conditional use permit at this time. Staff recommends approval of the request based on the findings listed in the staff report dated August 28, 2001. Commissioner Mesich asked what the type of change will be made in the reclamation plan. Mr. Rohlf explained that the original plan shows a "bowl" configuration with 4 to 1 slopes. With the revised plan the finished site will be brought up to one level. Chair Pederson opened the public hearing. There being no public comment, Chair Pederson closed the public hearing. . COMMISSIONER MESICH MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY TILLER CORPORATION FOR AN AMENDMENT TO A CONDITIONAL USE PERMIT, CASE NO. CU 01-33, BASED ON THE FOLLOWING FINDINGS: 1. THE CITY OF ELK RIVER'S LONG RANGE PLANNING ANTICIPATED MINING AS A INTERIM USE ON THE PROPERTY IN QUESTION WHEN IT WAS ZONED MINERAL EXCAVATION OVERLAY DISTRICT AND TILLER HAS A VALID MINERAL EXCAVATION PERMIT CURRENTLY ON THE PROPERTY IN QUESTION. 2. TILLER'S PROPOSED RECLAMATION PLAN IS CONSISTENT WITH THE CITY OF ELK RIVER'S EIS ON MINERAL EXCAVATION, COMPREHENSIVE PLAN (INCLUDING THE TRANSPORTATION PLAN COMPONENT), MINERAL EXCAVATION ORDINANCE AND ZONING ORDINANCE, AS WELL AS SHERBURNE COUNTY'S TRANSPORTATION PLAN. 3. THE MODIFICATION TO TILLER'S RECLAMATION PLAN WILL NOT RESULT IN THE LOSS OF NATURAL, SCENIC OR HISTORIC FEATURES OF MAJOR IMPORTANCE AND IT DOES NOT APPEAR TO HAVE THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS. 4. EXISTING CONDITIONS PLACED ON THE OPERATION ADEQUATELY PROTECT ADJACENT PROPERTIES AND THE CITY FROM DETRIMENTAL AFFECTS FROM THE OPERATION DUE TO EXCESSIVE TRAFFIC, NOISE, ODOR, SMOKE, FUMES, GLARE, DUST OR VIBRATION. . 5. EXISTING CONDITIONS PLACED ON THE OPERATION REQUIRE THAT IT COMPLY WITH ALL APPROPRIATE STATE AND FEDERAL REQUIREMENTS. Planning Commission Minutes August 28, 2001 Page 3 . COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.2. Request by Simonson's Salon & Day Spa for a Conditional Use Permit (Therapeutic Massage). Public Hearing - Case No. CU 01-28 Staff report by Scott Harlicker. Simonson's Day Spa is requesting a conditional use permit for a therapeutic massage at 19320 Highway 169. Mr. Harlicker stated that the applicant will employ two masseuses at this time and he reviewed the hours of operation. Staff recommends approval of the request with the condition that a massage therapist license be obtained prior to the commencement of services. Chair Pederson opened the public hearing. There being no comments from the public, Chair Pederson closed the public hearing. COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY SIMONSON'S SALON & DAY SPA FORA CONDITIONAL USE PERMIT FOR THERAPEUTIC MASSAGE, CASE NO. CD 01-28, WITH THE FOLLOWING CONDITION: 1. A MASSAGE THERAPIST LICENSE BE OBTAINED PRIOR TO THE COMMENCEMENT OF SERVICES. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 6-0. . 5.3. Request by Patricia Demairis-Kirscht for Preschool at Boys and Girls Club. Public Hearing- Case No. CU 01-29 Director of Planning Michele McPherson reviewed the applicant's request to operate a twice-a-day preschool for children ages 3 - 5 years old at the Boys and Girls Club, 905 6th Street. Ms. Demairis-Kirscht will be licensed under the State of Minnesota and allowed to teach a maximum of 20 children per session. Ms. McPherson stated that the preschool will be operated during hours that typically do not have Boys and Girls Club activities. Parents will be responsible for bringing children to and from the sessions and no buses will be utilized, although the parking lot does support bus traffic. Staff feels that there is adequate parking for this operation in addition to the Boys and Girls Club staff. Chair Pederson opened the public hearing. There being no public comment, Chair Pederson closed the public hearing. Chair Pederson stated that buses drop off elementary school-age children on Jackson for Boys and Girls Club activities after school. He felt there may be a safety concern with parents picking up their preschoolers from the afternoon session at the same time. Ms. McPherson noted that there is a walking trail from Jackson Street to the Boys and Girls Club. . COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY PATRICIA DEMARAIS-KIRSCHT FORA PRESCHOOL AT THE BOYS AND GIRLS CLUB, CASE NO. CD 01-29, WITH THE FOLLOWING CONDITIONS: Planning Commission Minutes August 28, 2001 Page 4 . 1. THE APPUCANT RECEIVE STATE UCENSURE PRIOR TO COMMENCEMENT OF THE PRESCHOOL OPERATION. 2. SIGNAGE WILL COMPLY WITH THE CITY OF ELK RIVER SIGN CODE. 3. STAFF WILL CONTACT THE SCHOOL DISTRICT REGARDING ARRIVAL TIMES OF BUSES AT THE BOYS AND GIRLS CLUB AFTER SCHOOL, IN ORDER TO DETERMINE IF THERE IS A SAFETY CONCERN. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.4. Request by Brian Brueske for Preliminary Plat Approval (Sunny Acres). Public Hearing- Case No. P 01-12 Staff report by Scott Harlicker. Brian Brueske requests preliminary plat approval for Sunny Acres. The applicant proposed to plat a 5.47 acre parcel located at the northeast corner of Highway 10 and 165th Avenue into a 4.58 acre lot and a .89 acre lot. An interim use permit was approved by the City Council on June 18,2001 for development ofthe property with septic and well prior to extension of city services. Mr. Harlicker reviewed access to the parcels. He noted that grading, drainage and utility issues are addressed in City Engineer Terry Maurer's memo dated August 10,2001. Staff recommends approval of the request with the six conditions outlined in the staff report. Chair Pederson opened the public hearing. . Dick Hetland, owner of the property and Elk River Recycling Station, asked that the Commission consider platting of only Lot 2, Block 1, the lot he plans to sell, at this time. He stated that the reason he was selling the lot was to get out of debt, and that he recently became aware of the fact he would be required to pay approximately $13,000 for park dedication and surface water management fees for the platting of his lot. Ms. McPherson explained that the Commission should consider preliminary plat for both lots at this time, and that Mr. Hetland make request final plat approval for only the one lot Mr. Brueske intends to purchase. There being no further public comment, Chair Pederson closed the public hearing. Commissioner Mesich asked Mr. Maurer if there were issues which still need to be addressed. Mr. Maurer stated that he received a letter from the applicant which addressed each of his points of concern. Commissioner Mesich asked if the handicap parking stall was still an issue. Mr. Maurer stated that the grading plan has been adjusted to correct the slope. . COMMISSIONER MESICH MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY BRIAN BRUSKE FOR PREliMINARY PLAT APPROVAL OF SUNNY ACRES, CASE NO. P 01-12, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. SURFACE WATER MANAGEMENT FEES SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. PARK DEDICATION FEES SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. LOT 2 SHALL BE A MINIMUM OF 1 ACRE. Planning Commission Minutes August 28, 2001 Page 5 . 5. THE PROPERTY OWNER WILL AGREE TO PAY ALL TRUNK AND LATERAL COSTS ASSESSED FOR EXTENDING W ATERAND SANITARY SEWER TO THE SITE AND WILL WAIVE ALL RIGHTS TO APPEAL THE AMOUNT ASSESSED FOR WATER AND SANITARY SEWER. 6. THE PROPERTY OWNERS WILL HOOK-UP TO CITY SEWER AND WATER WITHIN THE SPECIFIED TIME FRAME IN THE CITY'S CURRENT ORDINANCE APPLICABLE AT THE TIME THESE SERVICES BECOME AVAILABLE. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.5. Request by S & T Developments for Preliminary Plat Approval (Elk River Crossing 3rd Addition). Public Hearing - Case No. P 01-15 Staff report by Scott Harlicker. S & T Development, LLP requests preliminary plat approval of Elk River Crossing Third Addition. The applicant proposes to replat Lots 3 - 5, Block 1, Elk River Crossing and Lot 2, Block 1, Elk River Crossing 2nd Addition, into 6 lots, ranging in size from .74 acres to 1.45 acres. Access to Lot 2 is restricted to the existing shared driveway with Jiffy Lube and Conoco. Staff suggests that shared driveways be considered where possible on the remaining lots. Staff recommends approval ofthe request with the conditions listed in the staff report regarding the City Engineer's comments, access to Lot 2, and easements. Chair Pederson opened the public hearing. . Commissioner Mesich asked how large of a building could be built on the .74 acre lot. Russ McGinty of Grubb & Ellis, representing the applicant, stated that covenants restrict building size on any lot to 7,500 square feet. Chair Pederson asked how the Wash-n-Fill building compared in size. Mr. McGinty stated that the Wash-n-Fill building is approximately 4,000 square feet. Commissioner Baker asked if building plans were available for the sites. Mr. McGinty stated that there are no plans available at this time, as they are in the process of negotiating with possible buyers/tenants. Commissioner Mesich stated that there was a safety concern with the access for Conoco because of the curve in the road. He felt the situation would be made worse if Lot 2 shares this access. Commissioner Mesich asked why the lots were split up as shown. Mr. McGinty stated that they may be different when they come back for final plat, depending on the space needs of the users. There being no further public comment, Chair Pederson closed the public hearing. COMMISSIONER FRANZ MOVED TO RECOMMEND APROV AL OF THE REQUEST BY S & T DEVELOPMENTS FOR PRELIMINARY PLAT APPROVAL OF ELK RIVER CROSSING 3RD ADDITION, CASE NO. P 01-17, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. . Planning Commission Minutes August 28, 2001 Page 6 . 2. ACCESS TO LOT 2 SHALL BE RESTRICTED TO THE EXISTING SHARED DRIVEWAY. 3. THE EXISTING EASEMENTS ON THE CURRENT PROPERTY LINE SHALL BE VACATED, EXCEPT FOR THE 40 FOOT WIDE EASEMENT THAT EXTENDS FROM THE LIFT STATION TO ZANE STREET, AND NEW EASEMENTS SHALL BE DEDICATED ALONG THE PROPOSED PROPERTY LINES. COMMISSIONER PEDERSON SECONDED THE MOTION. The Commissioners discussed their concern with the shared access for Lot 2 and the Conoco site. It was suggested that Lot 2 be made larger, or, that Lot 2 be required to have a shared access with Lot 3. Staff did not feel the City could deny access to Lot 2, since it may be developed first. Mr. Maurer stated that a shared access for Lots 2 and 3 could be worked out during site plan review for Lot 3 when it develops. Mr. McGinty stated that they may have a tenant interested in combining Lots 2 and 3, which could be accomplished through the final plat process. Commissioner Mesich asked if a signal could be installed at this location. Mr. Maurer stated that the intersection is too close to the signal at Main Street and Zane. THE MOTION CARRIED 6-0. 5.6. Request by Hoyt Partners for Preliminary Plat Approval (Elk Path Business Center 2nd Addition). Public Hearing - Case No. P 01-17 . Staff report by Michele McPherson. Hoyt Partners requests preliminary plat approval for Elk Path Business Center 2nd Addition. The applicant proposes to create a 2.24 acre parcel out of the larger Outlot A which totals 77.29 acres, to construct a 42,000 square foot office building. Staff recommends approval of the request with the three conditions stated in the staff report. Chair Pederson opened the public hearing. There being no comments from the public, Chair Pederson closed the public hearing. Discussion followed regarding the second access to the property. Commissioner Mesich asked if the applicants considered an access onto the Courthouse driveway. Mr. Caswell representing Hoyt Partners, stated that Sherburne County will not allow a connection to their driveway. Commissioner Franz asked if the new business park standards will apply to the building constructed on this site. Ms. McPherson stated that staff will follow the standards when the site plan is reviewed. COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY HOYT PARTNERS FOR PRELIMINARY PLAT APPROVAL OF ELK PATH BUSINESS CENTER 2ND ADDITION, CASE NO. P 01-17, WITH THE FOLLOWING CONDITIONS: . 1. THE LOT BE LIMITED TO ONE ACCESS POINT ON BUSINESS CENTER DRIVE. Planning Commission Minutes August 28, 2001 Page 7 . 2. PARK DEDICATION FEES BE PAID PRIOR TO RECORDING THE PLAT WITH SHERBURNE COUNTY. 3. STORM WATER MANAGEMENT FEES BE PAID PRIOR TO RECORDING THE PLAT WITH SHERBURNE COUNTY. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.7. Request by John Weicht & Associates for an Amendment to a Conditional Use Permit (Deano's Auto Collision). Public Hearing - Case No. CU 01-30 Staff report by Chris Leeseberg. J ohn Weicht, on behalf of Deano's Auto Collision, requests an amendment to their conditional use permit to allow a building expansion at 11063 173rd Avenue NW. Mr. Leeseberg reviewed building materials, landscaping, parking and circulation, and sewer and water issues. Staff recommends approval of the request with the 8 conditions listed in the staff report. Chair Pederson opened the public hearing. . John Weicht, 13330 Island View Drive, applicant, stated that Deano's plans to reface the building to match Precision Auto Body. A canopy will be installed to accent the front of the building. He stated that the six foot high opaque fence will be extended. Mr. Weicht stated that the double-deep parking stalls will be utilized for storage of vehicles, since vehicles sometimes need to be on the property for a week. He stated that Deano's did not have a problem with the screening proposed by staff and that they could reduce visibility further by raising the berm. Ms. McPherson stated that rather than raising the berm, the landscaping plan could be revised to include spruce trees along the fence for further screening. Mr. Weicht explained that there are trees inside the existing opaque fence, and that additional trees could be planted along the east and north sides of the property. He noted that this type of business generates a great deal of parts and he felt that the fence would screen the dumpsters stored inside the fence. There being no other public comment, Chair Pederson closed the public hearing. COMMISSIONER SCHUSTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY JOHN WEICHT & ASSOCIATES FOR AN AMENDMENT TO A CONDITIONAL USE PERMIT FORDEANO'S AUTO COLLISION, CASE NO. CU 01-30, WITH THE FOLLOWING CONDITIONS: 1. THE FINAL PLAT OF THE K&L ADDITION SHALL BE RECORDED PRIOR TO ISSUANCE OF A BUILDING PERMIT. ALL COMMENTS OF THE CITY ENGINEER ARE ADDRESSED. EXTERIOR BUILDING MATERIALS SHALL COMPLY WITH THE CITY'S CURRENT COMMERCIAL BUILDING STANDARDS. ALL OUTDOOR STORAGE SHALL BE CONFINED TO THE FENCED AREA. ALL OUTDOOR STORAGE SHALL BE SCREENED THROUGH LANDSCAPING AND/OR BERMING. 2. 3. 4. . 5. Planning Commission Minutes August 28, 2001 Page 8 . A LANDSCAPE PLAN SHALL BE SUBMITTED FOR STAFF TO REVIEW AND APPROVE. CONNECT TO SANITARY SEWER AND WATER PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR THE ADDITION. ONE ADDITIONAL HANDICAP PARKING STALL SHALL BE PROVIDED FOR THE DEANO'S COLLISION BUILDING. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6. 7. 8. 5.8. Request by John Weicht & associates for an Amendment to a Conditional Use Permit (Plaisted Companies). Public Hearing - Case No. CU 01-31 . 5.9. 5.10. 5.11. 5.12. . Staff report by Scott Harlicker. Plaisted Company requests an amendment to their conditional use permit for a 100' x 60' addition to an existing storage building, and the construction of a 120' x 60' (7,200 square foot) second building. The existing building on the property is located in a low area and is generally screened from adjacent properties by existing vegetation. This building is used to process and package peat and is considered temporary since it will be removed when the applicant mines this area. The new building will be used to manufacture concrete septic tanks and will be located 200 feet north of the existing building. Staff recommends approval of the request as proposed. Commissioner Mesich asked how much additional truck traffic would be generated by addition and new manufacturing facility. John Weicht, applicant, stated that approximately 20 truck trips be day would be added. Chair Pederson opened the public hearing. There being no comments from the public, Chair Pederson closed the public hearing. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY JOHN WEICHT & ASSOCIATES FOR AN AMENDMENT TO A CONDITIONAL USE PERMIT (PLAISTED COMPANIES), CASE NO. CU 01-31. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. Chair Pederson called a recess at this time (8:45 p.m.). The Commission reconvened at 8:50 p.m. Request by D .R. Horton for Waiver to T ownhome Moratorium Request by D.R. Horton for Rezoning from Rld (Single Family Residential) to PUD (planned Unit Development). Public Hearing - Case No. ZC 01-06 Request by D .R. Horton for Preliminary Plat Approval (Trott Brook South). Public Hearing - Case No. P 01-14 Request by D.R. Horton for Conditional Use Permit (Trott Brook South). Public Hearing- Case No. CU 01-32 Staff report by Michele McPherson. D .R. Horton is requesting approval of a waiver to the townhome moratorium, a rezoning to PUD, preliminary plat, and a conditional use permit in order to allow construction of 156 dwelling units on 38 acres of land. The property is located at the southeast corner of the intersection of Twin Lakes Road and County Road 12. Planning Commission Minutes August 28, 2001 Page 9 . Don Patten, representing D.R. Horton, introduced his project team and their attorney, David Sellergren. Mr. Patten reviewed the history of the Trott Brook Farms project. He stated that they have a purchase agreement with Stoffel Reitsma to purchase his property and that they would like to get started on their project this year. He explained that they have sold out their villa townhome project and have plans to continue this type of construction on the Reitsma property. Ed Hasek, Westwood Professional Services, stated that his firm has completed the wetland delineation and preliminary tree inventory. He stated that the property will actually be 41.5 acres when the excess right-of-way is added back from the County Road 12 and Twin Lakes Road project. He stated that there is gas line easement on the property which consists of 2 acres, 3.5 acres of wetlands, leaving a net of 35 developable acres. Mr. Hasek explained that they will be moving the access as far east as possible and that Street A will connect to Tyler Street. He stated that staff has recommended no access to Tyler Street to the west and they are suggesting an access to the Black property for future development. Two additional units could be added in this location. Mr. Hasek stated that they have tried to reduce the impact on the wetlands as much as possible. He stated that they may need to construct a dike at one location where County Road 12 is lower than property. Mr. Hassek provided information regarding street and driveway widths, location of ponds and future road connections. Jason McCartney, Westwood Professional Services, reviewed the location of connections to city sewer and water. . Dave Sellergren, attorney representing the applicant, explained that D .R. Horton is under time constraints, due to the fact that they have run out of the type of housing the market is demanding. He explained that it will take time to grade the site and install the streets and utilities and the applicant wishes to avoid a gap in time. He asked that the Commission consider some way to allow them to proceed, and still work on their townhome ordinance. Mr. Sellergren suggested that the Commission approve the plat and the rezoning to PUD for the portion south and west of Street B. They would then request final plat approval for the single family detached homes, and plat the villa and coach home portion as outlots. Commissioner Mesich felt this proposal did not meet the criteria for a PUD and that since the underlying land use of medium density residential, the 14,000 square foot lot minimum lot size should be followed. Mr. Sellergren stated that he feels the request is consistent the City's Comprehensive Land Use Plan. Ms. McPherson added that the Comprehensive Plan does not define a number of units per acre for medium density residential. Ms. McPherson stated that staff recommends denial of the requests in order to allow an opportunity to set guidelines for townhomes. She reviewed the areas where trees are proposed to be saved. Ms. McPherson stated that the applicant is proposing some side- loaded garages for the coach villas, but this is essentially the only change proposed in the design from the Trott Brook Farms townhomes. . Commissioner Baker asked when staff expects the revisions to the townhome ordinance to be completed. Ms. McPherson explained that staff plans Planning Commission review of the draft ordinance at the September workshop meeting, with a public hearing by the Planning Commission on September 25th and by the City Council on October 15th. Ms. McPherson noted that the moratorium will expire December 3, 2001. Planning Commission Minutes August 28, 2001 Page 10 . Commissioner Baker asked for clarification on the applicant's proposal. Ms. McPherson explained that the applicant is proposing to withdraw their request to plat the townhome portion of the property, and instead, plat only the single family at this time and the rest of the property would be platted as outlots. Commissioner Mesich suggested a buffer of single family next to the commercial. Ms. McPherson explained that the intent of the ordinance is place higher density next to commercial as a buffer to lower density residential. Chair Pederson opened the public hearing. Bob Black, 19768 181 st Avenue NW, asked if he will have access to turn left onto County Road 12, since he lost this option when the median was constructed in front of his driveway. City Engineer Terry Maurer stated that he recommends that D .R. Horton take the future development of the Black's property into consideration so that Street A be placed near the Black's south property line. Mr. Sellergren stated that if they were allowed to go ahead with the single family portion, the Commissioners could make a decision regarding the multi-family residential in the future. Ms. McPherson suggested that the applicant plat the single family residential to the east as 14,000 square foot lots. Mr. Sellergren stated that the applicant has indicated to them they need to stay at the 12,800 square foot average. . Commissioner Pederson asked why the applicant wanted to move forward with the single family, when they have indicated the multi-family housing is in short supply. Mr. Sellergren stated that development of the single family housing is related to acquisition of property to the south. Mr. Patten added that they also need to balance the dirt on the entire site, and by developing the single family first, they can move excess dirt from that site to the multi-family sites. Discussion followed regarding the request for a waiver to the townhome moratorium. Further discussion followed regarding preservation of trees. Chair Pederson stated he also felt the single family lots should be a minimum of 14,000 square feet. He felt the project consists of a large number of buildings with very little open space and no play areas. He felt that Lot 11 should be taken out and left as an access to the Vandenberg property. Ms. McPherson stated that they have recommended a trail easement adjacent to the south property line. She noted that the lot lines were shifted to the north to create Lot 11. Chair Pederson asked how the Black's driveway issue will be resolved. Ms. McPherson stated that a new driveway will be created off of Street A. Commissioner Mesich suggested than an alternate access be constructed to avoid the long cul-de-sac situation on Street A. Mr. Maurer stated that the Black property will not be allowed access to Tyler Street to the west, due to safety issues. Commissioner Baker did not feel the applicants have demonstrated valid reasons to support a Walver. . Planning Commission Minutes August 28, 2001 Page 11 . Commissioner Franz asked if the Commission must act on all the requests. Ms. McPherson offered options for the Commission to consider. She stated that she did not feel it is appropriate to grant a rezoning to POO for only the single family lots. Chair Pederson stated that he was not in favor of approving a POO for single family homes and a large outlot. He felt the applicant could met the 14,000 square foot minimum lot size, but they appear unwilling to do so. He suggested the Commission act on the requests as presented. Commissioner Franz concurred. Discussion followed regarding interpretation of low, medium and high density, and also, the amount of open space which would be provided in this plat. Commissioner Mesich felt the project is too dense. Ms. McPherson stated that staff's interpretation is that the density is appropriate. Mr. Hasek stated that approximately 20 percent of the property will be open space. He stated that the Park and Recreation chose not to request park land and instead, asked for cash dedication which amounts to approximately a quarter of a million dollars. Commissioner Baker stated that he agreed with staff that the proposal is not overly dense. Commissioner Mesich asked if there will be sidewalks in the plat. Ms. McPherson stated that staff has recommended sidewalks on Streets A, B, and C and that they are looking at a connection to Twin Lakes Road. . Commissioner Mesich asked if there was a possible of a road connection to the city park to the east. Ms. McPherson stated that there is only an unimproved road into the park with a small parking area at this time. She noted that the owner of the property to the south is considering developing his parcel and they have spoken with him regarding a possible road connection. Mr. Maurer stated that the best location for access would be south of the industrial site. Commissioner Mesich felt that a rezoning to R3 would be more appropriate. Ms. McPherson noted that the R3 zoning would allow multi-family as well as 12,000 square foot single family lots. COMMISSIONER BAKER MOVED TO RECOMMEND DENIAL OF THE REQUEST BY D.R. HORTON FOR WAIVER TO THE TOWNHOME MORATORIUM BASED ON THE FOLLOWING FINDINGS: 1. IN REGARD TO SECTION 5 OF THE ORDINANCE ESTABliSHING A MORATORIUM ON TOWNHOME DEVELOPMENTS, THE COMMISSION FEELS THAT THE APPliCANT HAS NO DEMONSTRATED SUBSTANTIAL HARDSHIP. . 2. GRANTING A WAIVER TO THE MORATORIUM ON TOWNHOME DEVELOPMENTS WILL UNDULY AFFECT THE PLANNING PROCESS AND THE PURPOSES FOR WHICH THE INTERIM ORDINANCE WAS ENACTED. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. Planning Commission Minutes August 28, 2001 Page 12 . COMMISSIONER BAKER MOVED TO RECOMMENDED DENIAL OF THE REQUEST BY D.R. HORTON FOR REZONING FROM R1D TO PUD, BASED ON THE FOLLOWING FINDINGS: 1. THE PLANNING COMMISSION HAS RECOMMENDED DENIAL OF THE REQUEST FOR A WAIVER TO THE TOWNHOME MORATORIUM. 2. THE PLANNING COMMISSION FEELS THAT THE PUD ZONING IS NOT APPROPRIATE AND THAT A REZONING TO MEDIUM DENSITY AFTER THE TOWNHOME MORATORIUM IS UFTED IS MORE SUITABLE FOR THIS PROPERTY. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER BAKER MOVED TO RECOMMEND DENY THE REQUEST BY D.R. HORTON FOR PREUMINARY PLAT APPROVAL FOR TROTT BROOK FARMS SOUTH, CASE NO. P 01-14, BASED ON THE FINDINGS FOR DENIAL OF THE REZONING. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER BAKER MOVED TO DENY THE REQUEST BY D.R. HORTON FORA CONDITIONAL USE PERMIT, CASE NO. CU 01-32, BASED ON THE FINDINGS FOR DENIAL OF THE REZONING. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. . 6. Other Business 6.1. Update on 6/18/01 City Council Meeting Chair Pederson provided an update on the June 18, 2001 City Council meeting. 6.2. Review Concept Plan for Elk Path Business Center Director of Planning Michele McPherson reviewed the concept plan for development of the Elk Path Business Center. She stated that the applicants Hoyt Partners, were present to receive comments and answer any questions the Commission may have, and that no action was required at this time. Terry Schneider, representing Hoyt Partners, stated that the concept plan will be guide for development of the entire parcel, and will provide continuity in planning drainage, landscaping, and parking. Commissioner Franz asked what they have planned for Outlot F. Mr. Stewart Wilson? applicant, stated that the County has purchased Outlot F for possible future expanSlOn. Commissioner Baker felt that a landscaped berm would help to screen the manufacturing/warehouse space from the adjacent residential neighborhood. . Chair Pederson stated he was pleased to see the buildings placed so that loading docks could be back to back. Planning Commission Minutes August 28, 2001 Page 13 . Commissioner Mesich asked when the Waco and Highway 10 intersection would be signalized. Mr. Maurer stated that the signal is already on the schedule. Commissioner Baker asked if staff felt the residents will object to the Troy Street road connection to the south. Mr. Maurer stated that most traffic will use Highway 10 and would have no reason to go down Troy Street. Chair Pederson complemented the applicants on their design. 8. Adjournment There being no further business, COMMISSIONER BAKER MOVED TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 10:37 p.m. ResjJectfully submitted, /. \ /tMlM ~ Debbie Huebner Recording Secretary . .