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09-25-2001 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, SEPTEMBER 25, 200 I Members Present: Chair Pederson, Commissioners Baker, Franz and Ropp Commissioner Schuster arrived at 6:34 p.m. Members Absent: Commissioner Mesich Staff Present: Michele McPherson, Director of Planning; 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 6:50 p.m. by Chair Pederson. 2. Consider 9/25/01 Planning Commission Agenda COMMISSIONER FRANZ MOVED TO APPROVE THE SEPTEMBER 25, 2001 PLANNING COMMISSION AGENDA. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.1. Consider 8/14/01 Planning Commission Minutes COMMISSIONER FRANZ MOVED TO APPROVE THE AUGUST 14,2001 MINUTES. COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.2. Consider 8/28/01 Planning Commission Minutes COMMISSIONER BAKER MOVED TO APPROVE THE AUGUST 28,2001 MINUTES. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Planning Commission Representative to Attend October 15.2001 City Council Meeting Commissioner Mesich will attend the October 15, 2001 City Council meeting. 5.1. Review Land Acquisition for Consistency with Comprehensive Plan Director of Planning Michele McPherson explained that the Planning Commission is asked to review the purchase of land adjacent to the library for consistency with the Comprehensive Plan. Purchase of the land would provide space for a future library expansion. A purchase agreement has been negotiated with the property owner, Mrs. Bailey, for acquisition of her home under the terms of a life estate. Planning Commission Minutes September 25, 2001 Page 2 . Commissioner Baker expressed concern for any liability the City may have during the term of the life estate. Commissioner Franz asked if another satellite library was planned for Elk River. Ms. McPherson stated that that would be decision made by the Great River Regional Library, but that the issue could be discussed at a future workshop meeting. COMMISSIONER BAKER MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE PROPOSED LAND ACQUISITION FOR LIBRARY PARKING IS CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Request by Peter Rohlf for Preliminary Plat Approval (Whipple Hill). Public Hearing Case No. P 01-18 Staff report by Chris Leeseberg. The applicant requests preliminary plat approval for Whipple Hill to subdivide 10.35 acres located in the southwest comer of the intersection of County Road 35 and Pascal Street into 8 single family lots. Mr. Leeseberg reviewed the current zoning, existing site conditions, layout of the lots, and the Park and Recreation Commission recommendation for park dedication. Staff recommends approval of the proposed plat with the 12 conditions listed in the staff report. Ms. McPherson noted that the drawings in the Commissioner's packets reflect the changes recommended by City Engineer Terry Maurer. . Chair Pederson opened the public hearing. Steve Caouette, 13776 192nd Avenue NW, expressed his concerns regarding additional traffic. He asked that the developer be required to place a berm on Pascal Street similar to what he is proposing along County Road 35. Mr. Caouette felt that irrigation of lawns should be required. Bob Sullentrop, representing John Oliver & Associates, explained that placement of a berm along Pascal would interfere with the grading and septic system for Lot 1, and would require all the lots in the plat to be redrawn. There being no further public comment, Chair Pederson closed the public hearing. Ms. McPherson stated that proposal meets the City's landscaping requirements, however, the Commission could recommend that evergreens be used in place of the deciduous trees shown on the east side of Lot 1. Commissioner Franz asked if the pond on Lot 8 would be filled with water. Ms. McPherson explained that the retention pond will only hold water on a temporary basis, since the site is sandy and will drain well. . Chair Pederson asked if the pond will be fenced. Ms. McPherson stated that it would not require fencing. Chair Pederson asked if trees would be required on the berm along County Road 35. Ms. McPherson stated that only vegetative grass is required to prevent erosion. Chair Pederson felt that additional trees should be required on the berm and evergreens placed on the east side of Lot 1. Planning Commission Minutes September 25, 2001 Page 3 . Commissioner Franz asked if the street superintendent had any concerns regarding plowing the cul-de-sacs. Ms. McPherson stated that Phil Hals has reviewed the plat and had no concerns. Commissioner Ropp asked if the septic system for Lot 1 could be placed in another location. Ms. McPherson explained that an alternative septic location needs to be provided for the lot as well, and that the primary site was chosen because was the lowest point on the lot. Placing a septic system higher than the lowest elevation of the home would require a lift station. Commissioner Franz stated he would support recommending additional trees on the berm. Commissioner Schuster did not feel it was appropriate to require additional landscaping beyond what was required in the ordinance. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY PETER ROHLF FOR PRELIMINARY PLAT APPROVAL OF WHIPPLE HILL, CASE NO. P 01-18, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. . 3. THERE WILL BE NO ACCESS FROM LOT 1 TO PASCAL STREET. 4. THERE WILL BE NO ACCESS FROM ANY LOT TO COUNTY ROAD 35 5. THE DEVELOPER SHALL ENTER INTO A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE DEVELOPMENT. 6. THAT THE MAILBOXES SHALL BE CLUSTERED. 7. A SEALCOA T FEE IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. AN ENGINEERING ESCROW IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 9. PARK DEDICATION FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. . Planning Commission Minutes September 25, 2001 Page 4 . 10. STORM WATER MANAGEMENT FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 11. THE DEVELOPER SHALL PROVIDE AT LETTER OF CREDIT FOR 100% OF THE COST OF THE IMPROVEMENTS. 12. A WARRANTY BOND SHALL BE PROVIDED AFTER THE IMPROVEMENTS ARE ACCEPTED BY THE CITY AND SHALL BE HELD FOR ONE YEAR. COMMISSIONER FRANZ SECONDED THE MOTION. COMMISSIONER FRANZ MOVED TO AMEND THE MOTION TO ADD THE FOLLOWING CONDITIONS: 13. THE DECIDUOUS TREES SHOWN ON LOT 1 IN THE LANDSCAPING PLAN BE REPLACED WITH EVERGREENS. 14. ADDITIONAL TREES BE PLANTED ON THE BERM ALONG COUNTY ROAD 35. COMMISSIONER BAKER OPPOSED THE AMENDMENT. 5.3. THE ORIGINAL MOTION CARRIED 3-2. Chair Pederson and Commissioner Franz opposed. Request by City of Elk River to Amend the City of Elk River Zoning Ordinance Section 904.08.1B to add lot area and width standards for natural environment lakes. Public Hearing - Case No. OA 01-10 . Staff report by Michele McPherson. The Commission is asked to consider a "housekeeping" ordinance amendment to provide lot area and lot width standards for lots adjacent to natural environment lakes. She noted that the standards were inadvertently omitted when the shoreland ordinance was adopted. Chair Pederson opened the public hearing. There being no public comment, Chair Pederson closed the public hearing. Commissioner Franz asked for clarification on the terms "riparian" and "non-riparian". Ms. McPherson explained that riparian refers to property next to the water and non-riparian property is separated by land from the water. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE AMENDED LANGUAGE TO PROVIDE LOT AREA AND LOT WIDTH STANDARDS FOR NON-RIPARIAN LOTS ADJACENT TO NATURAL ENVIRONMENT LAKES, CASE NO. OA 01-10. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. . . . . Planning Commission Minutes September 25, 2001 Page 5 6.1. Update on 9/17/01 City Council Meeting Commissioner Franz provided an update on the September 17,2001 City Council meeting. 8. Adiournment There being no further business, COMMISSIONER FRANZ MOVED TO ADJOURN THE MEETING. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River Planning Commission adjourned at 7:30 p.m. Respectfully submitted, Utii'd' <<:;:~~ Debbie Huebner Recording Secretary