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02-26-2002 PC MIN e MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, FEBRUARY 26, 2002 Members Present: Chair Pederson, Commissioners Franz, Mesich and Ropp. Commissioner Schuster arrived at 6:30 p.m. Commissioner Baker arrived at 6:38 p.m. Members Absent: None Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner; Chris Leeseberg, Planner; Terry Maurer, City Engineer; Debbie Huebner, Recording Secretary Also Present: Commissioners-Elect Dana Anderson and Michael Jenson 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. e 2. Consider 2/26/02 Planning Commission Agenda COMMISSIONER FRANZ MOVED TO APPROVE THE FEBRUARY 26,2002 PLANNING COMMISSION AGENDA. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider 1/29/02 Planning Commission Minutes COMMISSIONER FRANZ MOVED TO APPROVE THE JANUARY 29,2002, MINUTES. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Planning Commission Representative to Attend March City Council Meeting Commissioner Franz will attend the March 18, 2002 City Council meeting. 5.1. Request by Tammy Weeks for Conditional Use Permit for Home Occupation Staff report by Chris Leeseberg. T ammy Weeks, 19275 Lander Street, requests a conditional use permit for a home occupation in order to operate a beauty salon. Mr. Leeseberg explained how the salon would be set up in the home, parking, and hours of operation. Staff recommends approval of the request with the three conditions listed in the staff report. Chair Pederson opened the public hearing. There being no public comment, Chair Pederson closed the public hearing. e Planning Commission Minutes February 26, 2002 Page 2 e Commissioner Franz asked City Engineer Terry Maurer, if the chemical used in hair processing would impact the private septic system. Mr. Maurer stated that the strength and volume of the waste for this use is limited and should not be a problem. Commissioner Schuster arrived at this time (6:36 p.m.) COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY TAMMY WEEKS FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION, CASE NO. CU 02-03, WITH THE FOLLOWING CONDITIONS: 1. THE SALON SHALL COMPLY WITH THE BUILDING CODE REQUIREMENTS. 2. THE APPLICANT SHALL MEET ALL STATE LICENSING REQUIREMENTS. 3. IF ADDITIONAL WORKSTATIONS AND/OR TANNING BEDS ARE TO BE PROVIDED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.2. Request by JKCD, Ltd. for Conditional Use Permit (Sterling Community Bank), Public Hearing - Case No. CU 02-04 e Staff report by Chris Leeseberg. ]KCD, Ltd. requests a conditional use permit to allow the construction of a 4,235 square foot banking facility, Sterling Community Bank on Lot 2, Block 1, Elk River Crossing 2nd Addition. Mr. Leeseberg reviewed the layout of the facility, construction materials, location of the drive-thru teller lanes, landscaping, and parking and circulation. Staff recommends approval of the request with the three conditions listed in the supplemental staff report. Commissioner Baker arrived at this time (6:38 p.m.) Chair Pederson opened the public hearing. Kathy Anderson, principal for KKE Architects, stated that they have no problem with the conditions noted by staff. Commissioner Mesich asked if staff felt there may be a problem with stacking of vehicles in the drive-thru lanes. Mr. Leeseberg stated that there is adequate room. Chair Pederson asked for clarification on placement of the handicap stalls. Mr. Leeseberg explained the location of the stalls. e Commissioner Franz asked if the sign issue has been resolved. Ms. Anderson pointed out the proposed location of the monument sign. Mr. Harlicker stated that the applicant will need to work with the power company on locating the sign, since this area contains an easement. Planning Commission Minutes February 26, 2002 Page 3 e There being no further public comment, Chair Pederson closed the public hearing. COMMISSIONER MESICH MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY JKCD, LTD. FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF STERLING COMMUNITY BANK, CASE NO. CU 02-04, WITH THE FOLLOWING CONDITIONS: 1. A SITE PLAN SIMILAR TO THAT OF THE STAFF OPTION B IS UTIliZED. 2. ONE ADDITIONAL HANDICAP-PARKING STALL SHALL BE PROVIDED. 3. INDICATE LOCATION OF THE MONUMENT SIGN ON THE SITE PLAN. CHAIR PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0-1. Commissioner Baker abstained. 5.3. Request by Cascade Land Co. for Preliminary Plat (Windsor Park 3rd Addition), Public Hearing - Case No. P 02-03 e Staff report by Scott Harlicker. Dynamics Design and Land Company (also known as Cascade Land Company) requests preliminary plat approval for a 93-lot single family clustered development. The property is located north and south of County Road 33 at the Macon Street alignment. Mr. Harlicker reviewed the existing conditions on the site. He described the proposed project including density and bonuses, layout of the streets and lots, outlots, open space, trails landscaping, and park dedication. He noted that the project will have a community septic system and individual wells. Staff recommends approval of the project with the 24 conditions listed in the staff report. Commissioner Franz asked if the issue of the trail crossing County Road 33 has been resolved with the County. Mr. Harlicker stated that the issue is still outstanding. Commissioner Mesich asked if there were concerns regarding the elevations. Mr. Harlicker stated that these issues are outlined in the City Engineer's memo and will need to be addressed by the applicant. Commissioner Mesich asked if the ordinance addressed the issue of open space being separated from a cluster development. Ms. McPherson stated she would retrieve a copy of the ordinance amendment to address Commissioner's Mesich's question. Chair Pederson opened the public hearing. Jim Brown, representing the applicant, Cascade Land Co., stated that 90 lots are adjacent to open space, and 70 will be walk-out basement lots. He reviewed the design of the entrance lots. Mr. Brown noted that the Windsor Park subdivision was featured in the Minnesota Land Trust magazine, and also received a "Benny" award for best new neighborhood. He stated that they will seek assistance from the Soil & Water Conservation office for their landscaping plan. Mr. Brown discussed the architectural theme, density bonus request, type of housing, and placement of garages to enhance the streetscape. e Karl Holm, 13467 212th Avenue, Windsor Park resident, stated that he felt the woodchip trail was too close to his existing home and asked that the developer try wind the trail toward Planning Commission Minutes February 26, 2002 Page 4 e the ravine. Mr. Harlicker explained the loop trail proposal. Mr. Brown stated that they are willing to look at the contours to possibly shift the trail away from the homes in Windsor Park. Greg Schroeder, 13324 Ranch Road, stated that he felt the trail will infringe on his privacy. He wanted assurance that the septic systems will not impact the groundwater. Mr. Schroeder stated that there is construction debris not been taken care from the Windsor Park construction and was concerned that a similar situation may occur with this project. Karl Holm asked which of the existing homes will be left. Mr. Brown stated that Bill Zacharda's home and Milt Tuttle's home will be left, however, the exteriors of the home will be remodeled to blend with the new construction. Mr. Brown stated that they will be re-planting some of the prairie grass and flowers at Windsor Park that did not grow well. He stated that he expects the large sand pile at Windsor Park to be gone this year. There being no further public comment, Chair Pederson closed the public hearing. Ms. McPherson reviewed the March 19, 2001 ordinance amendment, stating that the issue of separated open space was not addressed. Mr. Maurer stated that the septic systems should have no impact on the groundwater. e Chair Pederson stated he was concerned that there was no safe way for residents of the development south of County Road 33 to get to the open space. He stated he did not feel the application meets the density bonus requirements and he did not support the community benefit lot. Commissioner Baker stated he also did not support the community benefit lot and felt it would set a precedent. Commissioner Mesich stated that he felt the residents to the south would not benefit from the open space north of County Road 33 due to the access issue. He felt that most of the property in this plat was not buildable because of the wetlands and the northern portion contained a large power line easement. He stated that the applicant has not addressed the City Engineer's concerns outlined in his letter, especially regarding drainage. He stated that he felt the number of homes proposed was to high, given the amount of wetlands on this property. Chair Pederson concurred with Commissioner Mesich's comments. Commissioner Mesich asked if the City Engineer could foresee a problem with requiring the retaining walls on certain lots. City Engineer Terry Maurer stated that the City is now requiring that retaining walls be built by the developer prior to releasing the plat for building permits. Commissioner Baker stated that he approved the overall layout of the plat, but that he had concerns regarding the landscaping as a density bonus, and access to the open space. e Planning Commission Minutes February 26, 2002 Page 5 e Discussion followed regarding crossing of County Road 33. Mr. Maurer stated that the current traffic count is 1,700 cars a day, and this number will go up significantly when the interchange at Highway 169 is built. Commissioner Ropp asked if the open space would be open to the public. Mr. Harlicker stated that it would be public park land. Commissioner Ropp stated he also had concerns regarding access. Jim Brown explained that the Park and Recreation Commission also had the same concern, but that they felt the area was valuable as an area wide park, since there may be the potential for additional property to the north in the future. He stated that they will work with the City and the County to provide a crossing point, and that someday there may be some type of traffic control installed. He felt that the park could serve more than just Windsor Park residents. Commissioner Franz stated he felt the woodchip trail should connect with the public trail. He recalled that at a workshop meeting, the Commission did give the developer direction that they would consider the property north of County Road 33 as a viable outlot to meet the density bonus. He concurred that a plan is needed for safe access to the park land. Commissioner Baker felt that the Commission should look at the potential for the park land in the future. Chair Pederson stated that access is the issue. e Dana Anderson, Park and Recreation Commission representative, eXplained that the Park and Recreation Commission had the same concern; that the park does not serve the residents to the south very well. He continued to explain that this site has been identified for a future large, area-wide park, and there is the potential to add to the park when the property to the north is developed. He stated that the Commission was willing to accept the park land, even though it would not be useable until the living trust expired. Mr. Anderson felt the access to the park would have to come from County Roads 1 and 33. Mr. Maurer stated that even though the County indicated that access at a road intersection would be acceptable, he questioned whether any intersection would be safe on a busy county road. COMMISSIONER BAKER MOVED TO TABLE THE REQUEST BY CASCADE LAND COMPANY FOR PRELIMINARY PLAT APPROVAL (WINDSOR PARK 3RD ADDITION), CASE NO. P 02-03. THE MOTION DIED FOR LACK OF A SECOND. Commissioner Ropp questioned the purpose of tabling the request, and asked what the Commission would be expecting of the developer. Commissioner Baker stated that he would like verification of the density bonuses, (i.e. landscaping), and access for the park. e Commissioner Mesich asked for clarification of the living trust for the park land. Mr. Dana Anderson explained that the City would not have use of the property until the owner was no Planning Commission Minutes February 26, 2002 Page 6 e longer living on the property. He noted that the City has a similar arrangement with the Richard Thompson's for park land in Ridges of Rice Lake. Commissioner Mesich stated that he was uncomfortable including the property when it is separated by a major county road. He felt the property south of 33 should stand on its own merits. Commissioner Baker stated that he felt the residents south of County Road 33 would certainly use the property if it were an area wide park, since they would be closest to it. Commissioner Schuster questioned whether or not the open space even needs to be usable, since there is value in simply preserving areas of undeveloped land. He did not feel it was absolutely necessary that access be provided now, and that development of surrounding properties may help provide access in the future. Ms. McPherson stated that the Park and Recreation Commission walked the property and agreed to accept it as park land, with the balance of park dedication in cash. She noted that the developer was not given credit for the wetlands and power line easement. Commissioner Schuster stated that he felt the southern portion of the plat was well-done. He stated he was not sure that it met the density bonus requirements. He felt that with less units, there was not reason to deny the plat. e Commissioner Franz stated he did not feel the plat met the intent of the cluster ordinance, but if the City was willing to accept the "trade-off" as an exchange for park land, the Council would need to make that determination. He felt the question was whether or not the City is willing to trade density for future park land. Commissioner Schuster stated that he felt the property was contiguous, but happens to be separated by a county road. Commissioner Mesich stated that he felt there was no usable open space to the south, and the plat would not meet the cluster ordinance requirements without the land to the north. COMMISSIONER MESICH MOVED TO RECOMMEND DENIAL OF THE REQUEST BY CASCADE LAND CO. FOR PRELIMINARY PLAT APPROVAL (WINDSOR PARK 3RD ADDITION), CASE NO. P 02-03, BASED ON THE FOLLOWING FINDINGS: 1. THE REQUEST FOR ADDITIONAL DENSITY BONUSES DOES NOT MEET THE INTENT OF THE ORDINANCE. 2. PUBLIC USE OF THE OPEN SPACE, AND THE ARCHITECTURAL AND LANDSCAPING THEMES DO NOT MEET THE INTENT OF THE ORDINANCE FOR DENSITY BONUSES. 3. THE PROPERTY SOUTH OF COUNTY ROAD 33 DOES NOT HAVE ENOUGH OPEN BUILDABLE LAND. 4. THE LAND NORTH OF COUNTY ROAD 33 IS NOT ACCESSIBLE ENOUGH TO BE INCLUDED IN THE DENSITY CALCULATIONS. e CHAIR PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 4-2. Commissioners Baker and Schuster opposed. Planning Commission Minutes February 26, 2002 Page 7 5.4. Request by City of Elk River for Ordinance Amendment relating to Massage Therapy. Public Hearing - Case No. OA 02-01 e Staff report by Scott Harlicker. The City of Elk River requests an amendment to the Zoning Ordinance to allow therapeutic massage as a permitted accessory use in certain districts and to amend the definition of "personal service establishment". Staff recommends that therapeutic massage be allowed as an accessory use to medical clinics, chiropractic clinics, and personal service establishments. Staff also recommends that the definition of "personal service establishment" be amended to specifically include therapeutic massage. Chair Pederson opened the public hearing. There being no public comment, Chair Pederson closed the public hearing. Discussion followed regarding the amendment. Commissioner Baker stated he did not have a problem with the amendment. Commissioner Mesich stated that he felt the use should remain a conditional use. commissioner Franz felt that "personal service establishment" needs to be further defined. Chair Pederson stated he did not have a problem with massage therapy as an accessory use for chiropractic and medical clinics. It was the consensus of the Commission to discuss the amendment further at the March 12th workshop. e COMMISSIONER MESICH MOVED TO TABLE THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT REGARDING MASSAGE THERAPY TO THE MARCH 12,2002 WORKSHOP. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6.1. Update on February 19.2002 City Council Meeting by Commissioner Pederson Commissioner Pederson provided a update on the February 19, 2002 City Council meeting. 6.2. Determine that Sale of Property is Consistent with Comprehensive Plan Director of Planning Michele McPherson reviewed a proposed exchange of land owned by the City with Outlot K of Trott Brook Farms which is owned by D.R. Horton. The City- owned property consists of two outlots from Elk River Crossing and a remnant parcel from the George DeSchene acquisition that will be used for residential development. Outlot K would be used by the City for park purposes. Staff recommends that the Planning Commission find that the disposition of City land is consistent with the Comprehensive Plan. Park and Recreation Commissioner Dana Anderson stated that the Commission had tried to acquire Outlot K as part of the Trott Brook Farms park dedication when the plat was originally approved. He stated that the property links with the trail corridor along Trott Brook. e COMMISSIONER MESICH MOVED THAT THE DISPOSITION OF CITY PROPERTY AS DESCRIBED IS CONSISTENT WITH THE Planning Commission Minutes February 26, 2002 Page 8 e COMPREHENSIVE PLAN. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 6-0. Commissioner Franz asked if the residential development proposed by D .R. Horton for this area would considered for affordable housing. Ms. McPherson stated that the property will need to be rezoned and that issue could be discussed during that process. 7. Adiournment There being no further business, COMMISSIONER MESICH MOVED TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 8:30 p.m. Re~ctfully submitted, /&.t"6t'ef! d[ff~z-e~L Debbie Huebner Recording Secretary e e