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04-23-2002 PC MIN e MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, APRIL 23, 2002 Members Present: Chair Pederson, Commissioners Anderson, Baker, Franz, Jenson and Ropp Members Absent: Mesich Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner; Chris Leeseberg, Planner; Terry Maurer, City Engineer; Peter Beck, City Attorney; 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 4/23/02 Planning Commission Agenda It COMMISSIONER BAKER MOVED TO APPROVE THE APRIL 23, 2002 PLANNING COMMISSION AGENDA. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3. Consider 3/26/02 Planning Commission Minutes & 4/9/02 Meeting Notes COMMISSIONER ANDERSON MOVED TO APPROVE THE MARCH 26, 2002 MINUTES AND THE APRIL 9, 2002 MEETING NOTES. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. 4. Planning Commission Representative to Attend May City Council Meeting Commissioner Baker will attend the May 20, 2002 City Council meeting. 5.1. Request by Coborn's for a Conditional Use Permit for Signage. Public Hearing - Case No. CU 02-13 Staff report by Chris Leeseberg, Planner. Coborn' s, Inc. requests a conditional use permit to allow a 2' - 4 ~" x 20' sign on the west fas:ade of the pharmacy drive-thm canopy at 19425 Evans Street. Mr. Leeseberg described the proposed sign layout and materials. Staff is in agreement that the sign is needed to identify the business from Highway 169, as well as minimize the confusion of what the drive-thm is for. Staff recommends approval of the request with the condition that the sign will consist of individual letters. e Commissioner Baker asked how this request differs from the Cub Foods sign request, which was denied. Mr. Leeseberg explained that Cub Foods already had a sign identifying the pharmacy and requested additional signage to add the word "Cub". Coborns has no signage identifying the pharmacy at this time. Planning Commission Minutes April 23, 2002 Page 2 e Chair Pederson asked how much signage Coborns is allowed and if the requested signage is within that amount. Mr. Leeseberg stated that they are allowed up to 10 percent of the wall surface square footage and the request meets the requirement. Chair Pederson opened the public hearing. Mike Wallin, representative of Coborns, stated that they have signage on the building for the 1 hour photo and video rental. He explained that there is confusion as to what the new drive-thru pharmacy is for and customers have been trying to drop off film and video rentals at the window. Mr. Wallin felt the new signage will help alleviate the confusion. Chair Pederson asked if any of the existing signage will be changed. Mr. Wallin stated no. Chair Pederson asked why the signage was not requested when the drive-thru was added. Mr. Wallin stated they did not foresee a need for it. Chair Pederson asked if the entrance and exit will have signage. Mr. Wallin stated that he would rather have the pharmacy sign if it was an issue of which signs he would be allowed. Commissioner Baker stated that he had a concern if this signage were allowed and Cub Foods was denied additional signage. Commissioner Franz stated that Coborns request meets the PUD requirements, and Cub Foods was asking for additional signage beyond what the Elk Park Center PUD allowed. Commissioner Baker asked why Coborns needed a conditional use permit if the signage was allowed. Ms. McPherson explained that changes to a specific site plan within a PUD require a conditional use permit. e There being no further public comment, Chair Pederson closed the public hearing. COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY COBORN'S FOR A CONDITIONAL USE PERMIT TO ALLOW ADDITIONAL SIGNAGE ON THE WEST FA<;ADE OF THE PHARMACY DRIVE THROUGH CANOPY, CASE NO. CD 02-13, WITH THE FOLLOWING CONDITIONS: 1. THE SIGN WILL CONSIST OF INDIVIDUAL LETTERS. 2. SIGNAGE SHALL BE PLACED AT THE ENDS OF THE CANOPY TO IDENTIFY THE ENTRANCE AND EXIT OF THE DRIVE-THRU. CHAIR PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-1. Commissioner Baker opposed. 5.2. Request by Twistmasters Gymnastics. Inc. for Conditional Use Permit. Public Hearing- Case No. CU 02-12 Staff report by Director of Planning Michele McPherson. Twistmasters Gymnastics, Inc. requests a conditional use permit to allow establishment of a gymnastics training facility within the Elk River Crossing Business Park, 17834 Industrial Circle. This multi-tenant building currently houses Great River Energy's offices. Ms. McPherson explained that Mr. Marten's letter explains why he feels the facility would fit in the Business Park District. She noted that she is aware there are similar facilities located in business park districts of other cities, but that these cities have a more liberal ordinance than the City of Elk River does. e Planning Commission Minutes April 23, 2002 Page 3 e Staff recommends denial of the request as there is no logical link between vocational, technical, and trade schools and the proposed gymnastics training facility. Commissioner Franz asked what is meant by accessory uses in regard to private recreational facilities. Ms. McPherson explained that a permitted accessory use must be linked to the principal use or permitted conditional use. City Attorney Peter Beck explained that the ordinance specifies that an accessory use must be subordinate to a principal use, such as a parking lot is an accessory use. If the gymnastics use was an accessory use to some other business, it would likely be allowed. He noted that this request is for a conditional use permit, not an accessory use. Ms. McPherson read the definition for private recreational facilities from the City's ordinance. Commissioner Baker asked if there was a definition for vocational, trade and technical schools. Ms. McPherson stated no. Chair Pederson opened the public hearing. Rick Martens, representing Brookstone, Inc., part-owner of the Elk River Industrial Park, introduced Tim Flynn of Twistmasters Gymnastics, Inc. e Mr. Flynn explained that he and his wife, Renae propose to be the financial backers and will not be managing the facility. J an Barlett, Elk River gymnastics coach, will be their business manager. Mr. Flynn stated that the business would be more of a "feel-good" operation and that do not expect to make any money for at least the first three years. He felt that there would be a significant community benefit from the facility. Mr. Flynn explained that the Elk River location was chosen because there are no other gymnastics facilities between St. Cloud and Champlin, and also because of the good exposure to Highway 169 and Highway 10. He felt this facility would draw from a number of surrounding cities including Zimmerman, Princeton, Rogers, Monticello, and Big Lake. Mr. Flynn explained that retail space is too expensive, due to the large amount of floor space required for this type of facility, and the fact that retail space does not provide the ceiling height required. Mr. Martens explained that the gymnastics facility would be used for training, schooling, and education, and therefore meets the intent of the ordinance for vocational, trade and technical schools. Mr. Martens stated that there are gymnastics facilities located in business parks in Ham Lake, Champlin and Apple Valley. He stated that no other type of building provides the height needed for gymnastics. Jan Bartlett, Zimmerman, MN, Elk River Gymnastics Coach, explained the benefits of gymnastics to the students, and the community. Mr. Flynn noted that due to budget cuts in the schools, the junior high school age students have no where to participate in gymnastics at this time. There being no further public comment, Chair Pederson closed the public hearing. Commissioner Ropp stated that he felt it was implied in the ordinance that the vocational technical and trade schools are intended to provide employees for the businesses in the business park. Chair Pederson stated that he is not aware of any school that offers gymnastics as a vocation and that the intent of the Business Park District is to create jobs. e Planning Commission Minutes April 23, 2002 Page 4 e Commissioner Baker concurred with Chair Pederson and stated that this type of use would not create jobs, since they did not even expect to turn a profit for a number of years. He felt that the only way the use could be allowed is by an ordinance amendment. He also did not feel the use qualified as a vocational, trade or technical school. Commissioner Franz stated that he understood why the use did not fit in the commercial district due to the high rents and ceiling height requirements. He felt there are reasons why it could be approved but that there are <<gray areas", and he suggested forwarding the request on to the City Council. Commissioner Anderson stated that he was not in favor of approving the request as presented. He felt that vocational, trade and technical schools are intended to help students earn a living wage and that a training school would better describe the gymnastics facility. COMMISSIONER BAKER MOVED TO RECOMMEND DENIAL OF THE REQUEST BY TWISTMASTERS GYMNASTICS, INC. FOR A CONDITIONAL USE PERMIT TO AllOW A GYMNASTICS TRAINING FACILITY WITHIN THE BUSINESS PARK DISTRICT, CASE NO. CU 02-12, BASED ON THE FOllOWING FINDINGS: e 1. A GYMNASTICS FACILITY DOES NOT MEET THE ORDINANCE REQUIREMENTS OF A VOCATIONAL, TECHNICAL, OR TRADE SCHOOL. 2. THE GYMNASTICS FACILITY IS NOT PROPOSED TO BE AN INTERIM USE AND WOULD BE CONSIDERED A NONCONFORMING PERMANENT USE. COMMISSIONER JENSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.3. Request by John Alfords for Amendment to the Land Use Map to Change the Land Use from MR to HR. Public Hearing - Case No. LU 02-02 5.4. Request by John Alfords for Rezoning from R1c to R4. Public Hearing - Case No. ZC 02- 03 Staff report by Chris Leeseberg. John Alfords requests a land use amendment to HR (High Density Residential) and rezoning to R4 (Multiple Family Residential), for property located at 423 and 433 Irving Avenue. The applicant currently owns an 8-unit apartment building at 433 Irving A venue which is nonconforming. He currently has a purchase agreement for the single-family property to the south (423 Irving) on which he proposes to construct an 8-12 unit apartment building. Mr. Leeseberg reviewed the surrounding land uses. Staff recommends approval of the request as presented. Chair Pederson opened the public hearing. John Alfords, applicant, stated that he has owned apartments in the Elk River area for 15 years and he feels that the new building will be a positive addition to the area. e Commissioner Franz asked if construction would begin during the school year, noting the close proximity to St. Andrew's School. Mr. Alfords stated that the site would be cleaned up and the existing building torn down this summer when school is out, and construction Planning Commission Minutes April 23, 2002 Page 5 e would likely be in the summer of 2003. Mr. Alfords noted that the City has approached him regarding use of the site to take down the old water tower. Commissioner Baker asked what the rent is for the apartments. Mr. Alfords stated that the rent is currently $800, and that the rent would be approximately $1,200 for the new building. He stated that some of the nuns from St. Andrew's Church live in the apartments and that they have indicated that they need more housing. There being no further public comment, Chair Pederson closed the public hearing. Chair Pederson asked when the water tower was scheduled to come down. City Engineer Terry Maurer stated that the timing has been moved up since this opportunity has become available. Chair Pederson stated that he feels the site is a good location for a second apartment building. Commissioner Franz concurred and felt it was a good idea to bring the other building into compliance, as well. e COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY JOHN ALFORDS TO AMEND THE LAND USE PLAN FROM MR (MEDIUM DENSITY RESIDENTIAL) TO HR (HIGH DENSITY RESIDENTIAL), CASE NO. LU 02-02, AND REZONING FROM RIC (SINGLE FAMILY RESIDENTIAL) TO R4 (MULTIPLE FAMILY RESIDENTIAL), CASE NO. ZC 02-03, BASED ON THE FOLLOWING FINDINGS: 1. THE LAND USE AND REZONING ARE COMPATIBLE WITH THE SURROUNDING LAND USES. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.5. Request by North Memorial Health Care for Amendment to a Conditional Use Permit for Signage, Public Hearing - Case No. CU 02-07 Staff report by Scott Harlicker, Senior Planner. North Memorial Health Care request an amendment to the conditional use permit for Elk River Plaza 4th Addition to allow three additional wall signs at 800 Freeport Avenue. A 2'6 x 20' (50 sJ.) wall sign is proposed to be place on the east side of the building facing Highway 169, a 24" x 36 (72 sq. ft. ) sign on the west side facing Freeport Avenue, and a 19"x6' (9.5 sq. ft.) addition to an existing wall sign. The total wall signage, including the existing sign is 140.5 sq. ft. Staff recommends approval of the wall sign on the east side of the building facing Highway 169, and denial of the illuminated sign facing Freeport Avenue, due to the fact that there are single family homes across the street. Commissioner Baker asked if North Memorial's sign on Highway 169 was temporary. Mr. Harlicker stated yes, and that the sign can only be up a maximum of 90 days. Chair Pederson opened the public hearing. e Jerry Pedlar, 3300 Oakdale, Robbinsdale, MN, representing North Memorial, stated that they are experiencing a number of problems because of the limited signage on their Planning Commission Minutes April 23, 2002 Page 6 e building. He stated that patients have a hard time finding the building, and that prospective tenants are not interested in leasing because they do not feel the building is clearly identified as a medical building. Mr. Pedlar provided a photo showing the side of the building facing Highway 169. He stated that he felt the signage on the pylon sign was ineffective because of the trees and other businesses. Mr. Pedlar stated that he feels visibility has had a severe impact on the anticipated growth. He stated that they had planned for 12,000 square foot expansion for facility by now, but the expected growth has not occurred. Mr. Pedlar stated that he agreed with Mr. Harlicker that the sign facing Freeport Street should not be lit, and therefore, would not need to be a boxed sign. He proposed that blue individual letters indicating "Elk River Physicians" be considered instead. Commissioner Baker stated that he felt the individual letters would be appropriate. Chair Pederson asked if the letters would be made of metal. Mr. Pedlar stated that he was not sure of the material at this time. There being no further public comment, Chair Pederson closed the public hearing. Chair Pederson stated that he feels the signage is needed. He stated that when he was waiting for an appointment at the facility, a number of calls came in to the receptionist asking where the building was, and one of the callers was in the parking lot. He felt that the "Now Care" was also appropriate. e Commissioner Anderson stated that he feels this facility is a type of retail business and visibility is needed. Commissioner Baker concurred. Commissioner Baker asked if staff would support the sign facing Freeport if it was not back lit. Mr. Harlicker stated yes. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY NORTH MEMORIAL HEALTH CARE FOR A CONDITIONAL USE PERMIT TO AMEND THE PUD AGREEMENT FOR ELK RIVER PLAZA 4TH ADDITION TO ALLOW A 2'6" x 20' WALL SIGN FACING HIGHWAY 169 AND SIGNAGE CONSISTING OF INDIVIDUAL LETTERS FACING FREEPORT AVENUE, CASE NO. CU 02-07, WITH THE FOLLOWING CONDITIONS: 1. THE SIGNAGE FACING FREEPORT AVENUE SHALL NOT BE liT. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.6. Request by GSS Properties. LLC for Rezoninl;'; from R1c to R3 (Kliever Lake Fields East). Public Hearing - Case No. ZC 02-04 5.7. Request by GSS Properties. LLC for Preliminary Plat Approval (Kliever Lake Fields East). Public Hearinl;'; - Case No. P 02-02 Staff report by Michele McPherson. The applicant, GSS Properties, LLC requests a rezoning to R1c and preliminary plat approval for 116 townhomes lots on 23 acres (Kliever Lake Fields East), located in the southwest corner of County Road 12 and Fillmore Street. e Ms. McPherson explained that the Planning Commission reviewed a town home layout for the 23-acre outlot during the platting process for Kliever Lake Fields. Planning Commission Minutes April 23, 2002 Page 7 e Ms. McPherson explained the underlying land use of the subject property is MR, Medium Density residential, which allows up to 8 units per acre. She noted that the net density of this proposed development is 5.7 units per acre. Ms. McPherson stated that the Planning Commission and City Council has voiced a concern in recent months regarding the number of townhomes that have been approved. Ms. McPherson stated that the applicant is proposing 29 four-unit buildings (116 units total), row units, with both a front and back yard for each unit. She noted that the proposed street is 28' back-to-back, and needs to be revised to 28' face-to-face. Ms. McPherson reviewed lot sizes, setbacks, open space, density, unit and garage sizes, vertical and horizontal fa~ade changes, building materials, and landscaping. She stated that staff will work with the applicant to meet the building material standards and changes in elevation requirements. Commissioner Baker asked if the decks will be considered a change in elevation. Ms. McPherson stated that the Commission previously approved the deck railings as a change in elevation. Chair Pederson opened the public hearing. e Horst Graser, GSS Properties, applicant, eXplained that the Commission reviewed a concept plan for the townhomes several months ago and that changes were made to the plat, accordingly. He stated that the density for the entire site is 2.74 acres, not including the outlot. He stated that he feels townhomes are an appropriate use of the property, given its location at the intersection of two major roads. He did not feel there would be a problem in meeting the building standards and requirement for changes in elevation. Mr. Graser noted that the townhomes will be in the $170,000-$175,000 price range. He eXplained that he plans to start grading this year and that 45-50 units will be constructed, initially. There being no further public comment, Chair Pederson closed the public hearing. Commissioner Baker stated that even though the rezoning meets the Comprehensive Plan, he was not in favor of rezoning, given the large number of townhomes already in this area. Commissioner Franz stated that he felt that the townhome component was clearly shown in the original proposal, but was held up pending approval of the townhome ordinance. He felt that the applicant has made every effort to comply with the ordinance and he supports the request. Commissioner Ropp asked for clarification of condition number 2 in the findings for denial. Ms. McPherson eXplained that the Planning Commission and City Council have both previously stated that they felt townhomes should be closer to services, such as medical clinics, etc. which are found in the core area of the city. Commissioner Baker stated he did see a compelling reason to rezone the property. Commissioner Anderson asked if the zoning remained Rle, how many units could be constructed on the property. Ms. McPherson stated that approximately 69 single family units could be constructed. e Commissioner Jenson asked if the property was designated for townhome development during the plat review of Kliever Lake Fields. Chair Pederson stated yes, and that the property was platted as an outlot because of the townhome moratorium. Planning Commission Minutes April 23, 2002 Page 8 e Commissioner Baker stated that since that time, a significant number of townhome plats have been brought into this area. Chair Pederson stated that he felt the Commission understood the applicant's intent to plat the property as townhomes, and that he could have requested a waiver, but instead chose to wait out the process for the new ordinance to be written. Chair Pederson stated that his concern is for the amount of traffic that will be generated which will flow back to the City. Commissioner Anderson stated that he is not in favor of the rezoning, stating that this area is farthest from the core area of any of the other townhomes, and also had a concern regarding the number of units and traffic. COMMISSIONER BAKER MOVED TO RECOMMEND DENIAL OF THE REQUEST BY GSS PROPERTIES, LLC FOR REZONING OF CERTAIN PROPERTY FROM R1C TO R3, CASE NO. ZC 02-04, BASED ON THE FOLLOWING FINDINGS: 1. TOWNHOMES IN THIS LOCATION ARE INAPPROPRIATE DUE TO THEIR LOCATION ON A MAJOR ENTRANCE INTO THE CITY. 2. TOWNHOMES IN THIS LOCATION ARE INAPPROPRIATE AS THE DISTANCE IS TOO GREAT TO SERVICES PROVIDED WITHIN THE CORE CITY. e 3. THE NUMBER OF RECENT APPROVALS FOR TOWNHOME PROJECTS HAS INCREASED THE PROPORTION OF TOWNHOMES TO SINGLE FAMILY HOMES TO INAPPROPRIATE LEVELS. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 4-2. Commissioners Pederson and Franz opposed. COMMISSIONER BAKER MOVED TO RECOMMEND DENIAL OF THE REQUEST BY GSS PROPERTIES, LLC FOR PRELIMINARY PLAT APPROVAL (KLIEVER LAKE FIELDS EAST), CASE NO. P 02-02. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 4-2. Commissioners Pederson and Franz opposed. 5.8. Request by D.R. Horton for Rezoning from Rlc to PUD (Marshes of Trott Brook Farms). Public Hearing - Case No. ZC 02-05 Request by D.R. Horton for Conditional Use Permit for Site Plan Approval (Marshes of Trott Brook Farms). Public Hearing - Case No. CU 02-14 Request by D .R. Horton for Preliminary Plat Approval (Marshes of Trott Brook Farms). Public Hearing - Case No. P 02-08 5.9. 5.10. e Staff report by Scott Harlicker. D.R. Horton requests a zone change to Planned Unit Development; a conditional use permit; and preliminary plat approval for Marshes of Trott Brook Farms, a 53.95 acre subdivision consisting of 23 single family lots and 110 townhome lots. The property is located east of Twin Lakes Road at the Trott Brook Parkway intersection. The property is a replat of a portion of the original 1998 Trott Brook Farms Addition, and also includes approximately 6 acres which was acquired from the City in a land exchange. Planning Commission Minutes April 23, 2002 Page 9 e Mr. Harlicker reviewed the existing conditions, the unit mix compared with Trott Brook Farms South, density, rezoning request, layout of the single family and each of the four townhome clusters, building elevations, parking, landscaping, and park dedication recommendation. Mr. Harlicker noted that staff is concerned with the number of driveways that access onto Smith Street. He reviewed two alternatives proposed by staff which would address this concern. Mr. Harlicker explained staff is also concerned with the access to the 41 units south of Trott Brook Parkway and east of the gas line easement. He stated that staff has met with the developers since the staff report was written and they have agreed to work with staff on resolving these issues. Therefore, staff is now recommending approval of the requests by D .R. Horton. Commissioner Franz asked if the proposed townhomes meet the R3 zoning district standards. Mr. Harlicker stated that he did not compare the two. e Commissioner Anderson asked if Vance Drive will end where it is shown on the plat, or if it will connect with a future development. Mr. Harlicker explained that there is a large wetland complex to the south which would prevent a future connection. He noted that a turn- around will likely be constructed where the street dead-ends. City Engineer Terry Maurer noted that the road is a private street and will not be maintained by the City; therefore, a cul- de-sac is not required. He felt that there is adequate room for an emergency vehicles. Commissioner Anderson asked what standards are required for private streets. Mr. Maurer stated that the City's street design standards will be maintained. Commissioner Anderson asked if the streets were consistent with the rest of the PUD. Mr. Maurer stated that the streets in the first addition are public streets, that the private streets for the townhomes were approved with the original plat in 1998. Chair Pederson opened the public hearing. Tom Bakritges, Project Manager for D.R. Horton, explained why they did not feel that the original proposal for this area would work out. He felt that the there will be sufficient breaks in the townhouse buildings due to the topography. Mr. Bakritges stated that Alternative B proposed by staff would be the most favorable. He felt that there would be no problem in reducing the island in Smith Circle as recommended by staff. Commissioner Baker asked if there would be sidewalks. Mr. Bakritges stated that the there will be sidewalks on the public streets, but not on the private streets. Mr. Bakritges noted that all homes will have basements and will be approximately 2,500 square feet in size. Commissioner Baker asked how the variation in materials would be accomplished. Mr. Bakritges stated that there will be brick on the sides and rear of the units. He stated that the setback requirement is 25 feet and that they are trying to meet the 30 foot setback on the private streets. There being no further public comment, Chair Pederson closed the public hearing. Commissioner Baker stated that he feels the applicant should be required to meet the minimum standards of the townhome ordinance. e Chair Pederson asked if there would be a second access to the north. Mr. Harlicker explained that the primary accesses would be Tyler Street and County Road 13, but that Smith Street would provide a secondary access when the Becker property to the north is developed. Planning Commission Minutes April 23, 2002 Page 10 e Commissioner Anderson stated that he was not in favor of rezoning the single family to the north, since the adjacent Becker property will be developed as single family. He felt that townhomes would be appropriate for the new area. Commissioner Baker concurred that he opposed rezoning the area which was part of the original PUD. Mr. Bakritges explained that a certain number of units are required to make a project viable, and that they did not feel the original plan would have worked. He stated that clustering of residential units helps pay for improvements over time. Mr. Bakritges noted that the $180,000 - $200,000 price of the townhome units is considered affordable work force housing. Chair Pederson stated that he felt the residential area to the north should remain single family as originally proposed. He had no objection to the townhomes as originally proposed, and also felt that townhomes are appropriate for the additional 6 acre site. Chair Pederson stated these townhomes are quite a distance from services, and he questioned if this is the best use of the property. Commissioner Baker stated he was not in favor of clustered mailboxes. He felt that the concept adds to the potential for identity theft and should be eliminated in the future. Chair Pederson stated that the front elevations of the townhome units were appropriate, and felt that the Commission should consider imposing further conditions on the building materials. e Commissioners Baker, Anderson, Jenson, Franz and Ropp expressed their support for the rezoning. Commissioner Franz felt that the area north of Trott Brook Parkway should be single family and did not object to the townhomes in the Tyler Court area. Regarding the elevations, he felt that the townhome ordinance standards should be maintained. Commissioner Jenson concurred with Commissioner Franz. Commissioner Anderson agreed that the standards should be met or exceeded, if possible. Commissioner Franz noted that he felt requiring the minimum standards would be adequate, since the Commission would want to encourage affordable housing. Commission Baker concurred. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY D.R. HORTON FOR A REZONING FROM R1C (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT), CASE NO. ZC 02-05, BASED ON THE FOLLOWING FINDINGS: 1. THE REZONING IS CONSISTENT WITH THE CITY OF ELK RIVER'S COMPREHENSIVE LAND USE PLAN. 2. THE REZONING IS COMPATIBLE WITH THE ADJACENT ZONING DISTRICTS. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. The Commissioners concurred that a 20th condition be added to address the townhome standards. e Planning Commission Minutes April 23, 2002 Page 11 e COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY D.R. HORTON FOR PRELIMINARY PLAT FOR MARSHES OF TROTT BROOK FARMS~ CASE NO. P 02-08, AND A CONDITIONAL USE PERMIT FOR SITE PLAN APPROVAL, CASE NO. CU 02- 11, WITH THE FOLLOWING CHANGES: 1. THE PORTION OF MARSHES OF TROTT BROOK FARMS WHICH WAS ORIGINALLY PLATTED AS TROTT BROOK FARMS SHALL REMAIN THE SAME REGARDING THE NUMBER AND LOCATION OF SINGLE FAMILY AND TOWNHOME UNITS; AND SUBJECT TO THE FOLLOWING CONDITIONS: e 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. 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 ALL STREETS. e 12. A HOMEOWNERS ASSOCIATION SHALL BE ESTABLISHED FOR THE MAINTENANCE OF THE COMMON AREAS INCLUDING THE Planning Commission Minutes April 23, 2002 Page 12 e EMERGENCY ACCESS TO TWIN LAKES ROAD. A COPY OF THE DOCUMENTS AND BUDGET SHALL BE PROVIDED TO STAFF. 13. A DETAILED LANDSCAPE PLAN FOR THE AREA AROUND THE TOWNHOUSE UNITS WILL BE REQUIRED. 14. 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. 15. THAT THE APPLICANT COMPLIES WITH THE WETLAND CONSERVATION ACT AND THAT: e . A TECHNICAL EVALUATION PANEL REVIEW ANY FILLING OR MITIGATION OF WETLANDS. . THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE LANGUAGE THAT PLACES THE RESPONSIBILITY OF THE SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER. . THE DEVELOPER OBTAIN ALL THE APPLICABLE PERMITS PRIOR TO FILLING ANY WETLANDS. . A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED ON THE WETLAND MITIGATION AREAS WITH THE RECORDING OF THE FINAL PLAT. . THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS INCLUDING THE COST OF THE MITIGATION WORK. . THAT THE DEVELOPER SUBMIT A WRITTEN MONITORING REPORT ON THE REPLACEMENT WETLANDS ONE YEAR AFTER THIS MITIGATION WORK IS COMPLETED AND THAT THIS REPORT BE APPROVED BY CITY STAFF PRIOR TO RELEASING THE LETTER OF CREDIT. 16. CONNECT VANCE DRIVE WITH TYLER COURT. 17. ELIMINATE THE TOWNHOUSE DRIVEWAYS ON SMITH STREET. 18. THE TOWNHOUSE EXTERIORS CONSIST OF MULTIPLE COLOR PALETTES. e 19. ALL COMMENTS OF THE SHERBURNE COUNTY HIGHWAY DEPARTMENT SHALL BE ADDRESSED. 20. THE BUILDING MATERIALS AND CONSTRUCTION STANDARDS SHALL COMPLY WITH THE R3 ZONING DISTRICT STANDARDS AND ALL COMPONENTS OF THE TOWNHOME ORDINANCE. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. Planning Commission Minutes April 23, 2002 Page 13 e 5.11. Request by New Innovation Homes. Inc. for Preliminary Plat Approval (Echo Hill). Public Hearing - Case No. P 02-09 This item was postponed to the May 28, 2002 Planning Commission meeting. 5.12. Request by Royal Oaks Realty for Preliminary Plat Approval (Nordic Hills). Public Hearing - Case No. P 02-07 Staff report by Michele McPherson. Royal Oaks Realty requests preliminary plat approval for a 50-lot single-family subdivision (Nordic Hills), located east of Elk Lake Road at the 194th Avenue alignment. Ms. McPherson reviewed the existing conditions, layout, lot sizes and configuration, and the park dedication recommendation. Staff recommends approval of the preliminary plat with the 19 conditions proposed by staff. Commissioner Baker asked how long the cuI de sac on Zumbro Street would be. Ms. McPherson stated that it is approximately 690 feet. Commissioner Baker asked if there are sidewalks in Nordic Woods. Ms. McPherson stated no. Commissioner Anderson asked if the access proposed for the Municipal Utilities water treatment plant would be provided through the 70' easement. Ms. McPherson explained that the access would likely be further north. Chair Pederson opened the public hearing. e Jim Nord, 19806 Elk Lake Road, owner of property to the north and east of the subject site, expressed concern with trespass and insurance liability issues, if the sidewalk were constructed up to the property line. He explained that County Road 1 did not have a trail when Meadowvale School was constructed. He stated that he sold property to the school so that it was not land-locked. Mike Black of Royal Oaks Realty, representing New Innovation Homes, questioned the need for the sidewalks. He expressed concern that there would be no credit for the trail easement. Mr. Black stated he did not have a problem in giving up the 60' outlot but he felt that some credit should be given toward park dedication. Mr. Black asked who is responsible for marking the park boundaries and providing the park signs. He asked for clarification on the amount of the surface water management fees and park dedication fees. Mr. Black stated that he was not in favor of having all the mailboxes in one location and asked for clarification on the clustering requirement. Chair Pederson stated that sidewalks are routinely required by the City for safety reasons. Commissioner Baker concurred. Mr. Black stated that if sidewalks are a normal requirement for plats, he would comply. Ms. McPherson stated that sidewalks have been consistently required by the City, especially given the fact the school district has amended their policy to limit bussing of students to those outside of a 2 mile radius of the school they are attending. She stated that 194th Avenue is a major connection to get to the City trail. Ms. McPherson noted that a sidewalk would not be constructed up to the property line until the property to the north and east was developed. e Commissioner Anderson stated that he would support tabling this issue in order to allow time for the developer's concerns to be addressed. Mr. Black stated he did not wish the request to be tabled. He stated he did not have a problem with the conditions recommended by staff, but was just asking for clarification on the issues he mentioned. Planning Commission Minutes April 23, 2002 Page 14 e Ms. McPherson explained that the park dedication fee is $1,540 per lot, and that it is City policy to not give credit for easements artd sidewalks. She stated that the surface water management fee is charged for all developments and that the fee is approximately $120 per lot. Ms. McPherson stated that the park signs and boundary signs are available from the Street/Park Department, currently at no charge, and that the developer is responsible for installing the signs at the direction of city staff. Barb Johnson, 12906 190th Avenue NW, expressed concern for the quality ofthe proposed development, because she is not happy with what they have in Nordic woods. She also expressed concern that the wetlands be preserved and that there not be rental property within the development. Ms. Johnson asked for clarification on the name of the development since the property is platted as Nordic Woods and the sign at the development entrance says Nordic Hills. e Ian Peterson, 12920 195th Avenue NW, stated that he felt the developer did an excellent job in Nordic Woods to preserve the natural topography and trees. He asked if there would be an additional access off County Road 1. He did not feel the lack of sidewalks in Nordic Woods was an issue. He did not feel the additional homes would create enough traffic to warrant sidewalks. He stated that the proposal to access the well house and pumping station via 195th would provide a natural access to connect to the City trail. He asked why there was no park planned for this development or for Nordic Woods. Ms. McPherson stated that a neighborhood park has been proposed for the property to the north and east, when it is developed. Mr. Peterson stated that the restrictive covenants in Nordic Woods had a great impact on his decision to move there and he asked if the protective covenants would be continued in Nordic Hills. Chair Pederson stated that the City is not involved in restrictive covenants. Mr. Black stated that Nordic Hills would have the same covenants as Nordic Woods. Andrew Hulse, 12948 195th Avenue NW, expressed concern that there is no park planned for this development. He felt that sidewalks are necessary. Mr. Hulse expressed concern that there are no plans for a controlled access at 194th A venue and County Road 1, and felt that a reduced speed limit should be required. Jim Nord stated that he is in favor of stopping the sidewalk on 194th Avenue at its intersection with Zumbro until further development occurs to the east. Tim Sladek, Park and Recreation Commission representative, 11448 190th ~ Avenue, explained that the Commission proposes to create a corridor to the Meadowvale School property. He stated that they will speak to the School District representatives regarding this proposal. There being no further public comment, Chair Pederson closed the public hearing. Ms. McPherson eXplained that Ms. Johnson's concern regarding the building standards would need to be discussed with the developer. She stated that based on the preliminary grading plan, it does not appear that the wetlands will be impacted, and if there are, the developer will be required to go before the Technical Panel for review. Ms. McPherson stated that any homeowner has the option of renting out their single family home, if they so choose. e Planning Commission Minutes Apri123, 2002 Page 15 e Commissioner Franz asked how clustering of mailboxes is defined. City Engineer Terry Maurer stated that there are no specific standards, but that the policy was developed on the recommendation of the Public Works Department due to snow plowing issues. Mr. Black stated that he would provide a plan for Public Works to review. Commissioner Jenson asked if additional curb cuts would be required onto County Road 1. Mr. Maurer explained that one additional access would be required when the Nord property is development. Commissioner Jenson asked if some type of traffic control would be required at 194th and County Road 1. Mr. Maurer stated that there currently is not sufficient development for the State to conduct a speed study, nor is there adequate traffic to justify a controlled intersection. COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY ROYAL OAKS REALTY FOR PRELIMINARY PLAT APPROVAL (NORDIC HILLS), CASE NO. P 02-07, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. A SIDEWALK SHALL BE CONSTRUCTED ALONG THE SOUTH SIDE OF 194TH AVENUE. 3. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. e 4. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 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 APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 7. THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER MUNICIPAL UTILITIES FOR WATER AVAILABILITY CHARGES. 8. THE DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING THE FINAL GRADE FOR THE TRAIL OUTLOT AND ESTABLISHING VEGETATIVE COVER. 9. THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS. e 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. Planning Commission Minutes April 23, 2002 Page 16 e 12. A SURFACE W ATERMANAGEMENT FEE IN mE 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 mE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 15. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 16. ANY TREES OFF SITE OR ON SITE, NEAR mE 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. 17. THE PARK AND RECREATION COMMISSION WILL REQUIRE FOR PARK DEDICATION PURPOSES, CASH DEDICATION TO BE PAID AT THE RATE REQUIRED BY THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. e 18. ALL MAILBOXES SHALL BE CLUSTERED. 19. mE COMMENTS OF mE COUNTY ENGINEER SHALL ADDRESSED REGARDING THE CURB CUT-OUT ON COUNTY ROAD 1. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6. Other Business 6.1. Update on April 15. 2002 City Council Meeting Chair Pederson provided an update on the April 15, 2002 City Council meeting. 8. Adjournment There being no further business, COMMISSIONER BAKER MOVED TO ADJOURN mE MEETING. COMMISSIONER ANDERSON SECONDED mE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at 10:20 p.m. Respectfully submitted, e Debbie Huebner Recording Secretary