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08-27-2002 PC MIN ~e MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, AUGUST 27, 2002 Members Present: Chair Pederson, Commissioners Anderson, Baker, Franz, Jenson and Ropp Members Absent: None Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner; Chris Leeseberg, Planner; Terry Maurer, City Engineer; Charlie Wilson, 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. il 2. Consider 8/27/02 Planning Commission Agenda COMMISSIONER ANDERSON MOVED TO APPROVE THE AUGUST 27, 2002 PLANNING COMMISSION AGENDA. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. e 3. Consider Consent Agenda ,I COMMISSIONER FRANZ MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. REQUEST BY RICHARD MOCHINSKI FOR CONDITIONAL USE PERMIT TO CONSTRUCT A 6,832 SQUARE FOOT RETAIL FACILITY AND CONDITIONAL USE PERMIT FOR SITE PLAN APPROVAL OF BATTERIES PLUS, PUBLIC HEARING - CASE NO. CU 02-23 - WITHDRAWN COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 4. Consider 7/23/02 Planning Commission Minutes COMMISSIONER ANDERSON MOVED TO APPROVE THE JULY 23, 2002, MINUTES. COMMISSIONER JENSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5. Planning Commission Representative to Attend September City Council Meeting Commissioner Pederson will attend the September 16, 2002 City Council meeting. e Planning Commission Minutes August 27, 2002 Page 2 e 6.1. Request by the City of Elk River for Preliminary Plat Approval (The Crossroads Second Addition). Public Hearing - Case No. P 02-15 Staff report by Director of Planning Michele McPherson. The City of Elk River requests preliminary plat approval for The Crossroads Second Addition. The plat will provide for the realignment of Zane Avenue; connecting it to the plat of Mississippi Ridge. In addition, the median crossover and the entrance to old Yale Street will be removed. Right-of-way swap land will be exchanged with Saxon Motors and NAPA Automotive and the new plat will provide clean titles and legal descriptions for the two businesses. Commissioner Baker asked if Zane A venue would end with a cul-de-sac. Terry Maurer, City Engineer, stated that the road would end in the AmericInn parking lot, making a cul-de-sac unnecessary . Chair Pederson opened the public hearing. There being no public comment, Chair Pederson closed the public hearing. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR PRELIMINARY PLAT APPROVAL OF THE CROSSROADS SECOND ADDITION, CASE NO. P 02-15. COMMISSIONER JENSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6.2. Request by Windsor Oaks of Elk River. LLC (Barbara Ford) for Preliminary Plat Approval (Windsor Oaks). Public Hearing - Case No. P 02-17 e Staff report by Scott Harlicker. Windsor Oaks of Elk River, LLC (Cascade III) has request preliminary plat approval for Windsor Oaks, a 33-lot, single-family residential cluster subdivision located west of Ogden Street and north of the Burlington Northern railroad tracks. The project includes 62.28 acres; 2.27 acres of existing rights-of-way and 4.72 acres of wetland. 35.55 acres of open space will be preserved. One lot included in the plat is an existing lot on Ogden Street. Mr. Harlicker reviewed the existing conditions, density and density bonus calculations, layout of the proposed streets, lots and outlots, location of open space, landscaping, park dedication and the well and septic plans. Staff recommends approval of the preliminary plat with the 24 conditions outlined in the staff report. Commissioner Baker asked if Items #2 and 4 in the City Engineer's memo have been addressed. Terry Maurer stated that he has not seen the final design yet for the septic system. He stated that the issue of one access in and out of the plat is significant. He explained that until a future road connection is made, there will be 33 residences on an 1,800 foot long cul-de-sac. Chair Pederson asked the City Engineer what the was the purpose of the traffic circle. Mr. Maurer stated that it provides a statement for the entrance into the development. The circle will be designed according to the Minnesota Department of Transportation guidelines. He felt that the circle may help slow down traffic coming from the west in the future when a road connection is made. e Commissioner Ropp asked when the property to the west is expected to be developed. Mr. Harlicker noted that there are approximately 160 - 180 undeveloped acres to the west which are outside of the Urban Service District. He stated that when this property is developed, a connection needs to be made to this plat in the 196th Avenue location. Planning Commission Minutes August 27, 2002 Page 3 e Chair Pederson opened the public hearing. Jim Brown, representing Cascade III, stated that the septic system is too close to the gas line easement, so they will be shifting it 50 feet to the north. Mr. Brown explained that the traffic circle will help to calm traffic and will serve as a means to identify the neighborhood. The ball field will be owned by the homeowner's association. Mr. Brown stated that he will work with staff on issues regarding the traffic circle. Mr. Brown stated that park benches will be placed in various locations, and that a future trail connection will be dedicated. He noted that they will be offering the trails to public for some park dedication credit. The trails and ballfield will be maintained by homeowner's association. Mr. Brown stated that the ballfield will be seeded and open to public for "non-organized" use. Mr. Brown explained how emergency access will be provided. He asked that the Planning Commission give consideration to ensuring the access from the west will be provided when the property is developed. Mr. Brown reviewed the various amenities proposed for additional density bonuses. Chair Pederson asked where the monument entrance sign for the development would be placed. Mr. Brown stated that it will be in the turn-about. He explained that 2 - 3 ft. high boulders would be placed around the turn-about and will include plantings with the monument. Chair Pederson asked if the mailboxes are proposed to complement the theme of the development. Mr. Brown stated yes. Chair Pederson asked if there would be public parking space available for the ballfield. Mr. Brown stated that an area could be provided to accommodate 3 - 4 cars. He did not feel there would be a need for more parking, since the field would only be 250 feet deep and used mainly by children living near the development. e Commissioner Jenson asked if a better fence would be installed, since the ballfield would backup to the railroad tracks, and the existing fence is barbed wire. Mr. Brown stated that the barbed wire would be removed and the property line would be bermed and landscaped with trees. He stated that they would consider a fence if it is needed. Commissioner Baker stated he had some concerns regarding site lines for the round-about and questioned whether or not traffic would be able to see over the sign. He commended the developer for the proposed ballfield. Martin Harstad, representing EICHI, Inc., 2195 Silver Lake Road, New Brighton, Minnesota, stated that he was a partner in the ownership of the property to the west of the proposed development. He stated that he spoke with the developer but that he would like to meet with him again to discuss how future road connections between his property and the Windsor Oaks plat could be made. Mr. Harstad explained that when they purchased the property, they planned to develop it as a cluster development. They later learned that sewer and water was approximately ~ mile away down County Road 35 and began to consider whether or not to wait and see if it would become available to their property. He stated that at this time some of the partners are interested in developing the site, and the others wish to Watt. Mr. Jim Brown stated that he will contact Mr. Harstad to discuss future road connections. e Mr. Allen Schrupp, 19462 Ogden Street, asked who would maintain the trail and the ballfields. Mr. Schrupp asked for information on other developments the applicant has done and what type of public opposition, if any, was raised. Planning Commission Minutes August 27, 2002 Page 4 e Mr. Brown explained that recent developments they have done in the City include Windsor Park 1st and 2nd Additions and that Ridges of Rice Lake and Windsor Park 3rd are currently under construction. Chair Pederson noted that there has been very little public opposition, if any to these developments. Brad Stevens, 19426 Ogden Street, expressed concern that the proposed ballfield was located so close to the railroad tracks. He also expressed concern that this development would place additional stress on Meadowvale School. Mr. Stevens noted that he received a letter from the principal of Meadowvale stating that they have over 700 students even though 6th grade students have been moved to other schools. He stated that he felt the City should limit further development until the school system has had a chance to catch up. Chad Weatherly, 19718 Victoria Street, asked why the small lot size is being allowed in this area, since most lots are 2 ~ acres. Mr. Harlicker explained the cluster development concept. Tom Maertens, 13790 196th Avenue, stated that he owns the property on the north border of this plat, and asked if street lighting is required. Ms. McPherson stated that the ordinance requires street lighting. Mr. Maertens asked that consideration be given to limiting street lighting, as he often views the stars at night. e Mr. Brown stated that a coach lantern style lighting will be used which has a shorter post, and therefore, will have less glare. He noted that they are willing to fence the backstop area for the ballfield. Mr. Brown also explained that they have decided to use a community well system instead of individual wells. He felt that a small play area could be located near the ballfield. Tim Packer, 19262 Ogden Street, asked if there were any plans to update the railroad crossing at Ogden Street. City Engineer Terry Maurer stated no. John Mooney, 19346 Zebulon Street, stated that he owns property to the west of the proposed development and asked why the developer did not approach him regarding access to his property. Mr. Brown stated that Mr. Mooney will have access to his property if he wishes to develop it and he could meet with him to discuss the issue. Commissioner Baker stated that he liked the plat and the only issue he had with it was the fact that there was no additional access and there would not be one in the foreseeable future. Commissioner Anderson asked if there was any other place to cross the railroad tracks, besides Ogden and Zebulon. Mr. Maurer stated no. Mr. Maurer stated that he discussed this issue in his memo. Commissioner Anderson stated that he felt there could be significant traffic stacking up and questioned how close 193rd Avenue was to the crossing. He also expressed concern that children would have to cross 193rd Avenue to get to the ballfield and play area. Commissioner Ropp did not feel the situation of the long cul-de-sac met the City's criteria to be considered temporary. Mr. Maurer felt that each Councilmember may have a different opinion of what may be considered "temporary" and that similar situations have been approved in the past. e Chair Pederson stated that he felt the ballfield and play area should be located on the north side of 193rd Avenue. He expressed concern that the monument sign may interfere with site Planning Commission Minutes August 27, 2002 Page 5 e lines if it is placed on the traffic circle. He felt the monument sign should be located at the entrance to the development. Chair Pederson stated that he could accept the cul-de-sac situation as temporary and felt that the property to the west would be developed eventually. He stated that he was comfortable with the emergency access and density bonuses as proposed. He stated that his greatest concern is the layout of the ballfield and play area. Mr. Harlicker asked the Commissioners if they felt a fence would be necessary along the tracks, if the ballfield and play area were moved to the north of 193rd A venue. It was the consensus of the majority that the fence would then not be as important. There being no further public comment, Chair Pederson closed the public hearing. Mr. Brown stated that he felt it may be possible to locate the ballfield and play area north of 193rd Avenue and place the detention pond on the south side. Commissioner Franz asked if moving the pond to the south would impact the plan to shift the septic system to the south, in order to move the road further to the south. Mr. Brown stated that they may need to change the angle of the road in order to accomplish this. Commissioner Franz stated that he also had concerns regarding the cul-de-sac, but he felt the situation could be acceptable since development will eventually occur to the west. He also felt the ballfield should be located north of the street. e COMMISSIONER BAKER MOVED TO RECOMMEND DENIAL OF THE REQUEST BY WINDSOR OAKS OF ELK RIVER, LLC (BARBARA FORD) FOR PRELIMINARY PLAT APPROVAL OF WINDSOR OAKS, CASE NO. P 02-17, BASED ON THE FOLLOWING FINDING: 1. THE LENGTH OF THE CUL-DE-SAC (3RD STREET) EXCEEDS CITY STANDARDS. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION FAILED 4-2. Commissioners Pederson, Jenson, Franz and Ropp opposed. COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY WINDSOR OAKS OF ELK RIVER, LLC (BARBARA FORD) FOR PRELIMINARY PLAT APPROVAL OF WINDSOR OAKS, CASE NO. P 02-17, WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED. 3. A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. e 4. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES Planning Commission Minutes August 27, 2002 Page 6 e 5. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 6. 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. 7. 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. 8. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 9. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 10. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. e 12. OUTLOTS A -F BE PLACED IN A CONSERVATION EASEMENT TO BE HELD BY THE HOMEOWNERS ASSOCIATION ORA QUALIFIED LAND TRUST. 13. ALL MAILBOXES BE CLUSTERED. 14. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 15. 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 CLEARING OR GRADING COMMENCING. e 16. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. 17. MAINTENANCE AND OWNERSHIP OF THE OUTLOTS, AND THE LANDSCAPED ISLANDS IN THE CUL DE SACS AND TRAFFIC CIRCLE SHALL BE THE RESPONSIBILITY OF THE HOMEOWNERS ASSOCIATION AND SHALL BE INCLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT. 18. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. Planning Commission Minutes August 27, 2002 Page 7 e 19. A REVISED LANDSCAPE PLAN SHALL BE PROVIDED THAT COMPilES WITH THE LANDSCAPE ORDINANCE AND INDICATES WHERE THE ADDITIONAL TREES, THAT WILL BE REQUIRED IN ORDER TO RECEIVE THE DENSITY BONUS, ARE TO BE LOCATED. 20. THERIGHT-OF-WAYS FOR 193RD AVENUE, THE BURLINGTON NORTHERN/SANTA FE RAILROAD AND COUNTY ROAD 35 BE SHOWN IN THE SOUTHEAST CORNER OF THE PLAT. 21. THE NORTHERN NATURAL GAS EASEMENT AND THE GAS LINES BE SHOWN ON THE PLAT 22. PARK DEDICATION FEES FOR 32 LOTS AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING 23. THE BASEBALL FIELD ON OUTLOT E AND THE INTERNAL TRAIL SYSTEM BE OPEN TO THE GENERAL PUBLIC AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION AND SHALL BE INCLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT. e 24. STREET RIGHT-OF-WAY FROM RAWLINS STREET WILL BE PROVIDED TO THE EXCEPTION TO THE WEST. 25. THE BALLFIELD AND PLAY AREAS SHALL BE LOCATED NORTH OF 193RD AVENUE. COMMISSIONER JENSON SECONDED THE MOTION. THE MOTION CARRIED 4-2. Commissioners Baker and Anderson opposed. 6.3. Request by Thomas Dunsmore for Preliminary Plat Approval (Elk River Town Office Development). Public Hearing - Case No. P 02-19 Staff report by Michele McPherson. Thomas Dunsmore request preliminary plat approval of a replat of Lot 1, Block 2, and Lot 2, Block 1, Mulvany Point. Lot 1, Block 2 will be subdivided first into two parcels and then into smaller parcels for individual office spaces. Lot 2, Block 1 will be subdivided into small office space lots. All buildings will be required to meet the minimum standards for the Business Park District. Purchasers of lots will own their own portion of the building, with a large lot owned "in common" by all individual owners which contains parking, green space, drainage and detention areas, and signage. Staff recommends approval of the request with the two conditions listed in the staff report. Commissioner Baker asked how long the 3rd Street cul-de-sac would be. Mr. Maurer stated that he was not sure, but that the cul-de-sac is considered temporary since it is planned to connect to Tyler Street at some point. Chair Pederson opened the public hearing. e Thomas Dunsmore, applicant, stated that he has developed 7 similar sites in the Twin Cities along the Highway 494 - 694 belt. He explained that there are many business owners requiring a long term specific office size, who find rental space substandard and wish to own. He noted that prospective buyers would include insurance agents, manufacturing reps, Planning Commission Minutes August 27, 2002 Page 8 e lawyers, mortgage officers, CPA's, and title companies. He noted that he already has several units reserved. Mr. Dave Aust, 11039 181 st Avenue, expressed his concern that he has lived on his property for 37 years and never had a problem with flooding until two years ago. He asked that the applicant meet with him to discuss the situation. Mr. Maurer stated that he visited Mr. Aust's property and found that there is a problem with the NURP pond for the road. Mr. Maurer explained that it was originally planned for each lot in Mulvany Point to build its own drainage and not discharge into the wetland. Mr. Maurer suggested that the applicant's engineers work with Mr. Aust and the City to resolve the drainage issues. There being no further public comment, Chair Pederson closed the public hearing. Commissioner Baker stated that he liked the concept for the individually owned units. Commissioner Franz concurred and stated that he felt the proposal would be a good buffer between the commercial area and the residential to the north. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY THOMAS DUNSMORE FOR PRELIMINARY PLAT APPROVAL (ELK RIVER TOWN OFFICE DEVELOPMENT), CASE NO. P 02-19, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. e 2. THE BUILDINGS SHALL COMPLY WITH ALL BUILDING AND FIRE CODES. COMMISSIONER JENSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6. Other Business 6.1. Update on August 19.2002 City Council Meeting Commissioner Ropp provided an update on the August 19, 2002 City Council meeting. 8. Adiournment There being no further business, COMMISSIONER ANDERSON MOVED TO ADJOURN THE MEETING. COMMISSIONER JENSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at 7:50 p.m. Respectfully submitted, e Debbie Huebner Recording Secretary