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01-29-2002 PC MIN e MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, JANUARY 29, 2002 Members Present: Chair Pederson, Commissioners Baker, Franz, Mesich, Ropp and Schuster Members Absent: None Staff Present: Michele McPherson, Director of Planning; Terry Maurer, City Engineer; Peter Beck, City Attorney; Scott Harlicker, Senior Planner; Chris Leeseberg, Park Planner/Planner: Debbie Huebner, Recording Secretary Also Present: Commissioners-Elect Jenson and Anderson 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 January 29. 2002 Planning Commission Agenda e COMMISSIONER MESICH MOVED TO APPROVE THE JANUARY 29,2002 PLANNING COMMISSION AGENDA. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3. Consider December 18. 2002 Planning Commission Minutes COMMISSIONER BAKER MOVED TO APPROVE THE DECEMBER 18, 2001 MINUTES. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. 4. Planning Commission Representative to Attend February 19.2002 City Council Meeting Commissioner Pederson will attend the February 19,2002 City Council meeting. 5.1. Request by the Elk River Landfill. Inc. (Waste Management) and Elk River Municipal Utilities for a Conditional Use Permit to Construct a 5.800 Square Foot Building. Public Hearing - Case No. CU 02-01 e Staff report by Stephen Rohlf. Waste Management, the Elk River Municipal Utilities and Sherburne County are jointly working on a project to construct a facility at the Elk River Landfill to produce electricity from landfill gas. Mr. Rohlf explained that currently methane gas is being removed from the landfill and burned off as a remedial action to clean up the ground water. He felt the proposal to use the gas to create electricity was environmentally sound, helps to save on other fuels, and is a good project for Elk River as an Energy City. Mr. Rohlf explained that he did feel some parking stalls should be provided at the new building. Planning Commission Minutes January 29, 2002 Page 2 e Chair Pederson opened the public hearing. Mr. Rohlf introduced Deb McDonald from Waste Management, Inc. and Deb Dehn, manager of the Elk River Landfill. Ms. Dehn explained that the project is being financed through Sherburne County, and that Elk River Utilities will own and manage the site. She stated that there is some parking now, and felt it was up to the Utilities to determine the parking needs. She explained where the paved areas are currently located. Mr. Rohlf stated that Bryan Adams, Utilities Manager, did not feel there was room for 10 parking stalls, but that staff felt they could be provided. Mr. Rohlf noted that a handicap stall would also be required near the building. Ms. Dehn stated that tours usually come in by bus, and she did not feel a great deal of parking would be required. Discussion followed regarding the amount of parking necessary for this operation. Mr. Rohlf stated that staff will work with the Utilities and the Landfill to ensure that that code requirements are met for the number of parking stalls required and ADA accessibility. Staff recommends approval of the conditional use permit with the seven conditions listed in the staff report. e There being no further public comment, Chair Pederson closed the public hearing. e COMMISSIONER MESICH MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY ELK RIVER LANDFILL AND THE ELK RIVER MUNICIPAL UTILITIES FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A FACILITY TO PRODUCE ELECTRICITY FROM LANDFILL GAS, CASE NO. CU 02-01, WITH THE FOLLOWING CONDITIONS: 1. A BUILDING PERMIT IS ACQUIRED AND ALL APPROPRIATE BUILDINGS CODES ARE MET. 2. A TEN-STALL PAVED PARKING LOT IS PROVIDED FOR THE BUILDING THAT INCLUDES A MINIMUM OF ONE HANDICAPPED STALL. 3. THE AREA SURROUNDING THE BUILDING IS LANDSCAPED IN ACCORDANCE WITH CITY REQUIREMENTS. 4. ALL TRUCK TRAFFIC ASSOCIATED WITH THIS FACILITY USE THE MAIN SOUTHERN ACCESS TO THE LANDFILL FOR INGRESS AND EGRESS. 5. AN "AIR EMISSION PERMIT" FOR THE GENERATION IS OBTAINED FROM THE MINNESOTA POLLUTION CONTROL AGENCY (MPCA). 6. AIR EMISSION TESTING, AS REQUIRED BY MPCA'S PERMIT, IS CONDUCTED; THE FACILITY MEETS THE AIR EMISSION STANDARDS; AND TEST RESULTS ARE COPIED TO THE CITY OF ELK RIVER. 7. THE STIPULATIONS OF THIS APPROVAL ARE CONSIDERED AN ADDENDUM TO THE LANDFILL'S EXISTING CUP. Planning Commission Minutes January 29,2002 Page 3 e COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.2. Request by Elk River Municipal Utilities for a Conditional Use Permit to Construct a 5.400 Square Foot Building. Public Hearing - Case No. CU 02-02 Staff report by Chris Leeseberg. The Elk River Municipal Utilities requests approval of a conditional use permit to allow construction of a 5,400 square foot equipment storage facility and office space at 1705 Main Street. Mr. Leeseberg reviewed the existing site conditions, zoning, and proposed project. He suggested details to improve the proposed building fa~ade. Staff recommends approval of the conditional use permit with the two conditions listed in the staff report. Commissioner Baker suggested that more windows be added for aesthetic purposes. Chair Pederson opened the public hearing. Steve Rohlf, representing the Heritage Preservation Commission, stated that this site is extremely close to the Red River Trail, and that the Commission has asked that if any artifacts are found during construction, that the City be notified immediately. David Briggs, 18927 Albany Street, stated that he owns 14 acres on the river below the Utilities property. He was concerned that no further commercial-type development occur in this area, and that the easement to his property be preserved. e There being no further public comment, Chair Pederson closed the public hearing. Chair Pederson stated that he felt the proposed building would be an enhancement, since a chain link fence and parked trucks are visible in this location. Commissioner Mesich expressed his concern that no additional parking is being proposed. He asked if the building was handicap-accessible. Mr. Rohlf stated that the office is located in the lower level of the building and that handicap-accessibility could be provided at that location. He noted that all building code requirements will be met. e COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY ELK RIVER MUNICIPAL UTILITIES FOR A CONDITIONAL USE PERMIT, CASE NO. CU 02-02, WITH THE FOLLOWING CONDITIONS: 1. THE BUILDING SHALL COMPLY WITH THE BUILDING CODE REQUIREMENTS. 2. THE NORTH, WEST AND SOUTH BUILDING ELEVATIONS SHALL BE SIMILAR TO WHAT STAFF HAS PROPOSED. 3. THE CITY SHALL BE IMMEDIATELY NOTIFIED IF ANY ARTIFACTS ARE FOUND ON SITE, AS RECOMMENDED BY THE HERITAGE PRESERVATION COMMISSION. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 6-0. Planning Commission Minutes January 29, 2002 Page 4 e 5.3. Request by STC. Inc. for a Rezoning of Certain Property from Rid. Single Family Residential to R# Townhouse District. Public Hearing - Case No. ZC 02-01 5.4. Request by STC, Inc. for Preliminary Plat Approval (STC Fischer Property). Public Hearing - Case No. P 02-01 Staff report by Scott Harlicker. STC, Inc. requests a rezoning from Rid (Single Family Residential) to R3 (T ownhome District) and preliminary plat approval. The preliminary plat includes 21 single family lots and 82 townhouse lots (103 total lots) on 32 acres. Mr. Harlicker reviewed the existing conditions, rezoning request, and described the proposed project. He then reviewed issues associated with the plat including dimensional requirements, access, Park and Recreation Commission recommendations for park dedication and trails, and landscaping and tree preservation requirements. Issues discussed regarding the townhouse development included open space, parking, and design. Mr. Harlicker noted that it appears the side elevations for the condominiums consist entirely of vinyl siding, with only a variation in texture. The ordinance requires that no single building elevations hall have more than 75% of one type of exterior finish. Mr. Harlicker also noted that the ordinance requires a 32 inch break in building elevations every two units, and that the Commission should determine whether or not the decks are considered a break in the building elevation. Mr. Harlicker stated that the location of the condominiums will have to be adjusted to comply with the 30' setback requirement from the curb line of private drives. e The Commission discussed the issues brought up by staff, and whether the intent of "open space" was met in this plat. Staff suggested findings for recommendation of either denial or approval of the rezoning request. Staff also offered conditional of approval for the preliminary plat. Chair Pederson opened the public hearing. Ed Hasek, Westwood Professional Services, representing the applicant, D .R. Horton, explained that the ends of the condominiums included wood shakes, and were not entirely vinyl. Mr. Hasek stated that he felt the shared driveway issue had been resolved during the Trott Brook Farms South plat review. He felt the accesses to the condominiums should be considered shared driveways and therefore, do not require the 30' setback. Mr. Hasek explained that the driveways are 25 feet in length, and garages are 22 feet deep. Mr. Hasek addressed other issues staff had regarding the trail connection, relocation of Road C, and open. space. He noted that he would bring color palette samples to the City Council meetmg. Commissioner Franz asked how Mr. Hassek intended to address the 32 inch break in building elevations. Mr. Hassek stated that this issue needs to be discussed further. e Tom Bakritges, D.R. Horton, stated that he feels the proposed building facades of the coach homes and villas meet the City's ordinance. He stated that they will be spending an additional $10,000 - $12,000 on each building to meet these requirements. Mr. Bakritges noted that they are proposing to use three earth tone colors. He explained that the decks will be included on all units, and some will be three or four-season porches. Mr. Bakritges Planning Commission Minutes January 29, 2002 Page 5 e felt that it would be fair to allow decks as a break in the fac;ade, since this was acceptable for Trott Brook Farms South. There being no further public comment, Chair Pederson closed the public hearing. Commissioner Baker stated that he felt there were a number of unresolved issues that need to be addressed, and that he did not feel a deck met the requirement for a break in the building fac;ade. Commissioner Mesich asked what would happen if this plat did not move forward, since approval for Trott Brook Farms South was contingent upon development of this property to provide a second access. Terry Maurer, City Engineer, stated that the City would require an agreement for the condominiums to keep an emergency access plowed. This access would be 10 feet of paved surface, with and additional 5 feet of grass which would be structurally able to support a large emergency vehicle. Chair Pederson stated he was concerned with the issue of the 32 inch rear elevation breaks and felt if the issue cannot be resolved, they need to clarify the ordinance. Mr. Harlicker acknowledged receipt of a letter from Mr. Robert Vandenberge addressing his concerns regarding Lot size and access. Terry Maurer, City Engineer, stated that Mr. Vandenberge's concerns will be taken into consideration. e Commissioner Franz asked how affordable the proposed housing would be considered. Mr. Bakritges estimated that the villas will sell for $150,000 - $160,000, and the coach homes will range between $180,000 - $250,000. Additional discussion followed regarding the 30 foot setback from private drives vs. shared driveways. Ms. McPherson stated that the requirement was included in the ordinance to ensure that there was adequate space for parking vehicles in front of the garage doors. The open space issue was then discussed. Commissioner Schuster stated that he felt the intent of the open space has been met. Commissioner Baker agreed that this type open space was only meant to provide some "elbow room" and not actual park land. City Attorney Peter Beck explained the open space referred to in the townhouse ordinance was a very different type of space than what would be accepted for park dedication. Commissioner Mesich asked if the City Attorney felt this type of density was intended for this area when the Comprehensive Plan was adopted. Mr. Beck stated that although a specific density was not mentioned, he felt the review committee saw this area as a transitional area between the commercial and the single family residential. Commissioner Franz stated that he would accept decks as a break in the building fac;ade, since they were not optional and all units would have a deck or enclosed porch. Commissioner Mesich stated that he felt the intent of the ordinance was to encourage the use of other architectural styles to provide a break in the fac;:ade, not decks. e Planning Commission Minutes January 29, 2002 Page 6 e Chair Pederson felt the private drives need to meet the 30 foot setback requirement, and that decks do not meet the intent of providing a break in the elevations. Commissioner Schuster disagreed. Discussion followed regarding whether or not to table this request. Commissioner Mesich asked the applicant if he felt the plat would be changed substantially, by requiring the 30 foot setbacks. Mr. Hassek stated no, the plat would not change significantly, other than some units would be lost. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY STC, INC. FOR A REZONING FROM R1D TO R3, 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 FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. e COMMISSIONER BAKER MOVED TO TABLE THE REQUEST BY STC, INC. FOR PRELIMINARY PLAT APPROVAL, CASE NO. P 02-01. COMMISSIONER FRANZ SECONDED THE MOTION. Commissioner Mesich asked what affect denial of the plat would have, since there are safety concerns with Trott Brook Farms South that can only be alleviated by development of this plat. Terry Maurer stated that if this plat is not approved, the Council provided a stipulation in approval of Trott Brook Farms South that there will be no building beyond the 700 feet into the plat. Ms. McPherson explained that this would allow some townhomes, but not the higher density units. Discussion followed regarding whether the changes were substantial enough to require additional review of the preliminary plat by the Planning Commission. Chair Pederson stated he would like table the plat. Commissioner Franz stated that enforcing the 30 foot setback would provide more open space in front of the townhouses. Commissioner Baker stated that there are easement issues that need to be addressed as stated in the City Engineer's memo. City Engineer Terry Maurer explained that he discussed staff's recommended changes with the developer and that he told the developer he did not feel these were major issues and they did not need to show the changes for tonight's meeting. Mr. Maurer stated that the developer is aware of the changes that need to be made and they are prepared to address them. COMMISSIONER FRANZ WITHDREW HIS SECOND TO THE MOTION. e CHAIR PEDERSON CALLED FOR A SECOND TO THE MOTION BY BAKER TO TABLE THE REQUEST. THE MOTION DIED FOR LACK OF A SECOND. Planning Commission Minutes January 29, 2002 Page 7 e COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY STC, INC. FOR PRELIMINARY PLAT APPROVAL (TROTT BROOK CROSSING ADDITION), CASE NO. P 02-01 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. THE DEVELOPER SHALL ENTER INTO A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE DEVELOPMENT. 3. THAT THE MAILBOXES SHALL BE CLUSTERED. e 4. A SEALCOAT FEE IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 5. AN ENGINEERING ESCROW IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. PARK DEDICATION FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 7. STORM WATER MANAGEMENT FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 9. THE DEVELOPER SHALL PROVIDE AT LETTER OF CREDIT FOR 100% OF THE COST OF THE IMPROVEMENTS. 10. A WARRANTY BOND SHALL BE PROVIDED AFTER THE IMPROVEMENTS ARE ACCEPTED BY THE CITY AND SHALL BE HELD FOR ONE YEAR. 11. SIDEWALKS SHALL BE PROVIDED ON ONE SIDE OF STREETS B, C, D ANDE. 12. A TRAIL EASEMENT SHALL BE PROVIDED TO HILLSIDE CITY PARK ALONG THE NORTH PROPERTY LINE FROM STREET C. e 13. A DETAILED LANDSCAPE PLAN FOR THE CONDOMINIUM AND TOWNHOME DWELLING UNITS SHALL BE PROVIDED. 14. A HOMEOWNERS ASSOCIATION SHALL BE ESTABLISHED FOR THE MAINTENANCE OF THE COMMON AREAS, INCLUDING THE Planning Commission Minutes January 29,2002 Page 8 e EMERGENCY ACCESS TO TWIN LAKES ROAD. A COpy OF THE DOCUMENTS AND BUDGET SHALL BE PROVIDED TO STAFF. 15. THE DEVELOPER SHALL CONSTRUCT THE TRAIL FROM STREET C TO HILLSIDE PARK e 16. THE LOCATION WHERE STREET C MEETS WITH THE PROPERTY TO THE SOUTH (THE BROWN PROPERTY) SHALL BE ADJUSTED SO THAT IT AVOIDS THE HILL LOCATED NEAR THE NORTHEAST CORNER OF THE BROWN PROPERTY. 17. THE TOWNHOMES SHALL BE SETBACK A MINIMUM OF 30 FEET FROM THE BACK OF THE CURB LINE OF ALL PRIVATE DRIVES. 18. THE LANDSCAPE PLAN WILL HAVE TO COMPLY WITH THE LANDSCAPING REQUIRED IN SECTION 1008 OF THE ELK RIVER CITY CODE. A DETAILED LANDSCAPE PLAN FOR AROUND THE UNITS WILL BE REQUIRED. 19. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING. 20. THE ORDINANCE REQUIREMENT FOR A 32 INCH BREAK IN BUILDING ELEVATION EVERY TWO UNITS SHALL BE ENFORCED. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 5-1. Commissioner Baker opposed. 6. Other Business 6.1. Update on January 22,2002 City Council Meeting Commissioner Ropp provided an update on the January 22,2002 City Council meetmg. 7. Adiournment There being no further business, COMMISSIONER BAKER MOVED TO ADJOURN THE MEETING. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at 9:30 p.m. Respectfully submitted, i)~~ e Debbie Huebner Recording Secretary