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12-04-2001 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, DECEMBER 4, 200 I Members Present: Chair Pederson, Commissioners Baker, Mesich, Ropp and Schuster Members Absent: Commissioner Franz Staff Present: Michele McPherson, Director of Planning; 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. 2.1. Consider 12/04/01 Planning Commission Agenda COMMISSIONER MESICH MOVED TO APPROVE THE DECEMBER 4, 2001 PLANNING COMMISSION AGENDA. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 2.2. Consider Consent Agenda COMMISSIONER BAKER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 1. REQUEST BY ROBERT & SUSAN BLACK TO CHANGE THE LAND USE DESIGNATION FROM MR (MEDIUM DENSITY RESIDENTIAL) TO CC (COMMUNITY COMMERCIAL), PUBLIC HEARING - CASE NO. LU 01-09- POSTPONED INDEFINITELY. 2. REQUEST BY CASCADE LAND CO. FOR LAND USE AMENDMENT TO INCLUDE CERTAIN PROPERTY IN THE URBAN SERVICE DISTRICT, PUBLIC HEARING - CASE NO. LU 01-06 - WITHDRAWN COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 10/23/01 Planning Commission Minutes COMMISSIONER BAKER MOVED TO APPROVE THE OCTOBER 23,2001 MINUTES. COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0-1. Commissioner Mesich abstained. Planning Commission Minutes December 4, 2001 Page 2 . 4. Planning Commission Representative to Attend City Council Meeting Commissioner Schuster will attend the December 17, 2001 City Council meeting. 5.1. Request by Cascade Land Co. for Land Use Amendment to Include Certain Property in the Urban Service District. Public Hearing - Case No. LU 01-10 5.2. Request by Cascade 1 Land Co. for Preliminary Plat Approval (parkPointe). Public Hearing - Case No. P 01-13 Staff report by Chris Leeseberg. Cascade 1 Land Company has requested a land use amendment to bring a 79 acre parcel into the Urban Service District prior to 2007, and preliminary plat approval of Park Pointe. The plat is comprised of 97 lots, an exception and 9 outlots on 64.13 developable acres. Mr. Leeseberg reviewed the location of the property, current and proposed land use, surrounding land uses, layout and lot sizes, access, landscaping, and park dedication. He noted that the City Engineer's memo addresses grading, drainage and utility issues. Staff recommends approval of the land use and preliminary plat based on the findings and conditions listed in the staff report. Commissioner Mesich asked City Engineer Terry Maurer if the grading issues for some of the lots have been resolved, such as Lot 10, Block 7. Mr. Maurer discussed several options that the developer has to make the necessary corrections. Chair Pederson asked where the water tower would be located. Mr. Maurer stated that the water tower would be located in the Eagles Marsh plat. . Commissioner Baker asked if 176th Avenue would be a cul-de-sac. Mr. Maurer stated that the road will extend to the property line, and will be a cul-de-sac until such time in the future as the property to the north is developed. Chair Pederson opened the public hearing. Jim Brown, 555 3rd Street, Elk River, representing Cascade I Land Co., stated that the developer is in agreement with the City's policy regarding Lot 10 (Block 8) to the north. He explained that a lot could be taken out and the lot lines adjusted so that there would 8 lots instead of 9. Gordon Mire, 17753 Fillmore Street, stated that he currently has a conditional use permit for parking of his semi truck on his property. He asked if he would be affected by the development. Ms. McPherson stated that development of this property would not affect his conditional use permit. Bruce Goetz, owner of 20 acres to the north of the subject site, supported the location of the street between Lots 5 and 6 and did not want the street located any closer than that to his property. Mr. Goetz asked what the chance would be in the future for sewer and water crossing his property. Mr. Maurer explained that unless Mr. Goetz wished to develop his property, he would likely not be assessed for sewer and water until after 2007. There being no further public comment, Chair Pederson closed the public hearing. . Planning Commission Minutes December 4, 2001 Page 3 . Commissioner Mesich asked how many single family lots have been platted recently which will have sewer and water. Ms. McPherson estimated that at least 100 lots have been final- platted and approximately 300 lots have been granted preliminary plat approval. Chair Pederson expressed his concern for adding more property to the Urban Service District prior to 2007. Commissioner Baker noted that the Comprehensive Plan states that these areas were not to be included unless the property owner requested them to be included. Commissioner Mesich stated that he could not support the request because the City has enough lots available with city sewer and water to last several years, the area is ecologically sensitive, and that the 2007 date was set up to control growth. Commissioner Baker stated he did not feel they had sufficient findings to deny the request. Commissioner Mesich stated that he felt that the Planning Commission, in their review of the Comprehensive Plan, determined that the area was not ready to be included in the Urban Service District, and thereby set the 2007 date. Commissioner Baker stated that the Plan states, "unless requested by the property owner", and that request is now before the City. Commissioner Ropp also expressed concern that they did not have adequate basis for denial of the request. . Commissioner Schuster asked what areas are left to be included in the Urban Service District that were previously scheduled for 2007. Ms. McPherson explained which properties have not been added. Jim Brown, representing the developer, stated that the property is zoned for residential use and that with the upgrade of 17Sth Avenue, now would be the time to extend the utilities. Chair Pederson asked if all the traffic would funnel to 17Sth Avenue. Mr. Maurer explained where another outlet could be located in the future. A recess was called at this time (7:00 p.m.) to retrieve language from the Comprehensive Plan. The Planning Commission reconvened at 7:10 p.m. Senior Planner Scott Harlicker stated that the minutes of the Comprehensive Plan approval state that the area is not to be served by city sewer and water until 2007, unless the City Council was petitioned forthe improvements by the property owner. Ms. McPherson noted that the area which was slated for city services in 2007 is shaded on the Urban Service District map in the Comprehensive Plan. Mr. Brown stated that the 2007 date was used as a planning tool, to give the residents time to plan for their future and as a safeguard that assessments would not be forced on them at least until 2007. . Commissioner Mesich stated that the property owner to the north of the subject property has stated he is not ready to develop his property. Planning Commission Minutes December 4, 2001 Page 4 . Commissioner Schuster stated that he disagreed with the comments raised by other Commissioners and supported approval of the request, given the fact 4 other properties scheduled for 2007 have already been included. Commissioner Schuster stated that sewer and water was better for the environment, as opposed to septic systems and wells. He did not feel the density was inappropriate and that having more homes will help to pay for services. He stated he did not have a problem including the area in the Urban Service District. Commissioner Mesich asked which way the drainage will be directed. Mr. Maurer explained where the quality control ponds will be located how and the drainage would eventually empty into Kliever's Marsh. Commissioner Mesich asked if Mr. Maurer was satisfied that the drainage would be adequate. Mr. Maurer stated that final drainage plans will need to be approved and developer will need to meet the city's requirements. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY CASCADE 1 LAND CO. TO AMEND THE LAND USE PLAN TO BRING CERTAIN PROPERTY INTO THE URBAN SERVICE DISTRICT PRIOR TO 2007, CASE NO. LU 01-10, BASED ON THE FOLLOWING FINDINGS: . 1. THE PARCEL IS CURRENTLY IDENTIFIED IN THE COMPREHENSIVE PLAN AS MEDIUM DENSITY RESIDENTIAL AND WITHIN THE URBAN SERVICE DISTRICT; 2. THE DEVELOPER WILL BE ABLE TO EXTEND UTILITIES EAST FROM TWIN LAKES ROAD ALONG 177fH AVENUE TO THE PROPERTY; 3. THERE IS NO FINANCIAL IMPACT TO THE CITY OF ELK RIVER FOR THE EXTENSION OF URBAN SERVICES TO THIS PARCEL; 4. THE PARCEL CAN BE SERVICED WITHOUT IMPACT TO OTHER PARCELS WITHIN THIS AREA OF THE URBAN SERVICE DISTRICT. COMMISSIONER SCHUSTER SECONDED THE MOTION. THE MOTION CARRIED 3-2. Chair Pederson and Commissioner Mesich opposed. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY CASCADE 1 LAND CO. FOR PRELIMINARY PLAT APPROVAL OF PARK POINTE, CASE NO. P 01-13, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. SIDEWALKS SHALL BE CONSTRUCTED ALONG EACH OF THE STREETS. 3. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. . 4. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. Planning Commission Minutes December 4, 2001 Page 5 . 5. 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. 6. THE APPUCANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTUNING THE TERMS AND CONDITIONS OF APPROVAL. 7. THE APPUCANT SHALL PAY $300 PER UNIT TO ELK RIVER MUNICIPAL UTIUTIES FOR WATER A V AILABIUTY CHARGES. 8. THE DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING THE FINAL GRADE FOR THE PARK AND ESTABUSHING VEGETATIVE COVER. 9. THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS. 10. THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE REQUIRED ELECTRONIC FORMAT. 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 THE PERIOD OF ONE YEAR. . 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. 13. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 14. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 15. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 16. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 17. ANY TREES OFF SITE OR ON SITE, NEAR THE UMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP UNE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING. COMMISSIONER SCHUSTER SECONDED THE MOTION. THE MOTION CARRIED 3-2. Chair Pederson and Commissioner Mesich opposed. . 5.3. Request by D.R. Horton for Rezoning from R1d to R3 (Trott Brook Farms South). Public Hearing - Case No. ZC 01-07 Planning Commission Minutes December 4, 2001 Page 6 . 5.4. Request by D.R. Horton for Preliminary Plat Approval (Trott Brook Farms South). Public Hearing - Case No. P 01-14 Staff report by Michele McPherson. D .R. Horton requests approval for a rezoning to R3, Townhouse District, and preliminary plat for Trott Brook Farms South, a 149-unit residential development on 38 acres located at the southeast corner of the intersection of Twin Lakes Road and County Road 12. Ms. McPherson reviewed the surrounding uses, topography, and location of gas mains and power line easements. She explained that the mixed use project consists of townhomes (58) and single-family units (19), and condominiums (72). Ms. McPherson reviewed the layout of the streets and lots and explained how access will be provided to the Black property. She noted that a portion of the property shown in Outlots A and B, Elk River Crossing, is currently in the City's ownership and will need to be purchased prior to incorporating them into the plat. The net density is 4.78 units per acre (total area minus land not owned, right-of-way, and wetlands) and is consistent with the underlying land use of Medium Density Residential. In addition to the 149 lots, there are three common lots and two outlots, A and B. Outlot A will be used for an entry feature and also will preserve a stand of trees along the east property line adjacent to Hillside City Park. Outlot B will provide a trail connection to Hillside City Park to the east. . Ms. McPherson reviewed the single-family, townhome, and condominium portions of the plat. She then reviewed issues regarding the open space, access, parking, landscaping/tree preservation, historic preservation and park dedication. Ms. McPherson noted that City Engineer Terry Maurer's memo addressed the grading, drainage, and utility issues. Staff recommended approval of the applicant's requests, with the findings and conditions listed in the staff report dated November 27,2001. Ms. McPherson noted that Condition #18 should be changed to a 25 foot trail easement. Commissioner Mesich stated that the backs of the buildings do not the ordinance requirements for percentage of brick and stucco. Commissioner Baker asked what the minimum requirement is for open space. Ms. McPherson stated that without the purchase of the City property, the project is at 3.8 percent open space. Commissioner Baker asked if the open space was to be buildable. Ms. McPherson explained that the open space is required to be usable for active recreational purposes. Commissioner Mesich asked if the project met the requirements for off street parking. Ms. McPherson stated that ~ space per unit is required for the condominium portion of the plat. There are not enough off street parking spaces, but parking along both sides of the streets is allowed except on the private drives for the condominiums. Commissioner Mesich asked if the runoff will be increased by the project. Mr. Maurer explained that the developer must provide that there is no increase in runoff from what was on the site previously. Comments in his memo address this issue to ensure that there be room for areas to the south for discharge of storm water into the regional system. . Planning Commission Minutes December 4, 2001 Page 7 . Commissioner Ropp asked where parking is allowed along the streets. Ms. McPherson explained that parking would be allowed on both sides of Streets A, B and C. Chair Pederson opened the public hearing. Robert Black, 10976 181st Avenue, asked when his access to County Road 12 would be closed. Mr. Maurer stated that once his property is connected to the road in Trott Brook Farms south, the existing access will be closed to prevent cut-through traffic through Mr. Black's property from County Road 12. Ed Hassek, Westwood Professional Services, representing D.R. Horton, thanked Ms. McPherson for doing an excellent job in presenting their request. He noted that the density of the plat has been reduced by 7 units from the original proposal. Mr. Hassek stated that 40 + off street parking stalls have been provided and that 5 parking spaces per housing unit will be available, outside of the driveways. Mr. Hassek stated that sidewalks will be provided on both sides of all the public streets and that all of the desired trail connections will be provided. Mr. Tom Bakridges, project manager, explained that the brick fas:ade will be brought around to the back of the buildings to meet the ordinance requirements. He noted that they propose to build the townhomes and single family first, and then the coach homes. Commissioner Ropp asked if sidewalks were necessary on both sides of the public streets. Ms. McPherson explained that the ordinance only requires sidewalks on one side. . Commissioner Baker stated that he felt the number of housing units was a tight fit for this parcel and that he was concerned that the intent of the open space may not be met. He also expressed concern for the off street parking, although it appears to be addressed by the ordinance which allows parking along both sides of the street. Chair Pederson expressed his concerns regarding off street parking, amount of open space, high density, the proposed phasing of the plat, the lack of an additional street outlet, and emergency access. Commissioner Mesich felt that the phasing plan was too vague and was also concerned regarding the long cul-de-sacs. City Engineer Terry Maurer suggested several options for the Planning Commission to consider including not allowing development beyond 700 feet, building an emergency access, or only allowing development along the streets every 200 feet or so. He noted that the City has allowed longer cul-de-sacs in the past. Mr. Bakridges stated that the villas could be phased in two parts. He eXplained that D.R. Horton is negotiating with the property owner to the south for purchase of the property. H successful, development would follow shortly after this project, thereby securing an additional access. Mr. Bakridges noted that the proposed density is below 50 percent of what the City's Comprehensive Plan states. Mr. Maurer explained an option to provide emergency access behind the townhome driveways. . Planning Commission Minutes December 4,2001 Page 8 . Mr. Hassek stated that stated he discussed the length of the cul-de-sacs with staff during the original application process. He stated that staff felt the adjacent parcels will develop at some point and the streets will be connected. Chair Pederson closed the public hearing. Commissioner Baker stated that he does not feel the open space intent has been met. He stated that if no homes were allowed beyond the maximum cul-de-sac length, this would ease his concern for the amount of open space. Commissioner Mesich asked if access should be provided onto Twin Lakes Road. City Engineer Terry Maurer stated that would create a health and safety issue, since at some point in the future, it is predicted there will be 20,000 plus vehicles traveling on that road. Mr. Maurer stated that he feels an emergency access can be built internally and that there have been other plats where this has been done. Chair Pederson asked how many lots would be allowed under the Rid zoning. Ms. McPherson estimated that the density would be roughly 3 + units per acre, or, approximately 90 units. Chair Pederson stated that he questioned whether the rezoning was appropriate, since the R3 zoning would allow nearly 60 more lots. Commissioner Mesich stated that he felt the property was suited for multi-family development, since some of the property would be unusable for single family. . COMMISSIONER MESICH MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY D.R. HORTON TO REZONE CERTAIN PROPERTY FROM RiD TO R3, CASE NO. ZC 01-07, BASED ON THE FOLLOWING FINDINGS: 1. THE REQUEST IS CONSISTENT WITH THE LAND USE PLAN. 2. THE REQUEST WILL NOT ADVERSELY IMPACT ADJACENT PROPERTY OWNERS OR LAND USES. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COMMISSIONER MESICH MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY D.R. HORTON FOR PRELIMINARY PLAT APPROVAL (TROTT BROOK FARMS SOUTH), CASE NO. P 01-14, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. THE CUL-DE-SAC ON STREET A SHALL BE RELOCATED TO BE ADJACENT TO THE BLACK PROPERTY. 3. PHASING OF THE CONSTRUCTION OF UNITS SHALL BE DETERMINED AND TIMED BASED ON CONNECTING THE STREETS IN THE SUBDIVISION TO A SECOND ACCESS POINT (TEMPORARY OR PERMANENT) TO TWIN LAKES ROAD. . Planning Commission Minutes December 4, 2001 Page 9 . 4. STORM WATER DISCHARGE FROM THE SITE SHALL NOT EXCEED 5 CFS (CUBIC FEET PER SECOND). 5. THE DEVELOPER SHALL PAY FOR A TRAFFIC STUDY COMPLETED BY A CONSULTANT HIRED BY SHERBURNE COUNTY. 6. ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. 7. THE DEVELOPER SHALL ENTER INTO A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE DEVELOPMENT. 8. THAT THE MAILBOXES SHALL BE CLUSTERED. 9. THAT THE CITY BUILDING AND ENGINEERING INSPECTORS SHALL HAVE THE ABILITY TO SHUT DOWN CONSTRUCTION IF HISTORIC ARTIFACTS ARE FOUND DURING CONSTRUCTION IN ORDER TO ALLOW FURTHER ARCHAEOLOGICAL STUDY. DISCOVERY OF ANY ARTIFACTS SHALL BE REPORTED TO THE CITY IMMEDIATELY. 10. A SEALCOAT FEE IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. . 11. AN ENGINEERING ESCROW IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 12. PARK DEDICATION FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 13. STORM WATER MANAGEMENT FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 14. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 15. THE DEVELOPER SHALL PROVIDE AT LETTER OF CREDIT FOR 100% OF THE COST OF THE IMPROVEMENTS. 16. A WARRANTY BOND SHALL BE PROVIDED AFTER THE IMPROVEMENTS ARE ACCEPTED BY THE CITY AND SHALL BE HELD FOR ONE YEAR. 17. SIDEWALKS SHALL BE PROVIDED ON ONE SIDE OF STREETS A, B, ANDC. 18. A 25-FOOT TRAIL EASEMENT SHALL BE PROVIDED TO HILLSIDE CITY PARK ALONG THE SOUTH PROPERTY LINE FROM STREET C. . . . . Planning Commission Minutes December 4, 2001 Page 10 19. A DETAILED LANDSCAPE PLAN FOR THE CONDOMINIUM AND TOWNHOME DWELLING UNITS SHALL BE PROVIDED. 20. A DETAILED TREE INVENTORY SHALL BE PROVIDED IN ORDER TO GRANT CREDIT FOR EXISTING TREES TO BE SAVED. 21. A HOMEOWNERS ASSOCIATION SHALL BE ESTABLISHED FOR THE MAINTENANCE OF THE COMMON AREAS. A COPY OF THE DOCUMENTS AND BUDGET SHALL BE PROVIDED TO STAFF. 22. THE APPLICANT SHALL MAKE, AND THE CITY SHALL ACCEPT AN OFFER FOR THE PURCHASE OF OUTLOTS A AND B, ELK RIVER CROSSING PRIOR TO RECORDING THE PLAT. 23. OFF STREET PARKING SHALL BE PROVIDED TO MEET THE CITY'S PARKING ORDINANCE. 24. BUILDING MATERIALS SHALL MEET THE INTENT OF THE TOWNHOME ORDINANCE. 25. EMERGENCY ACCESS SHALL BE PROVIDED TO MINIMIZE THE IMPACT OF THE LENGTH OF THE CUL-DE-SACS. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 4-1. Commissioner Baker opposed. 6. Other Business 6.1. Update on November 19. 2001 City Council Meeting Commissioner Baker provided an update on the November 19, 2001 City Council meetmg. Director of Planning Michele McPherson discussed the MN/DOT Regional Corridor Studies which are currently underway. She explained that MN/DOT is proposing a crossing of the Mississippi River somewhere between Anoka and Monticello. Ms. McPherson also noted that MN/DOT is discussing the possibility of raising Highway 10 in downtown Elk River. 8. Adjournment There being no further business, COMMISSIONER MESICH MOVED TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 8:40 p.m. Respectfully submitted, iJdfid 4~1- Debbie Huebner Recording Secretary