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06-24-2003 PC MIN e e e MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, JUNE 24, 2003 Members Present: Chair Pederson, Commissioners Anderson, Franz, Jenson, Lemke, Offerman and Ropp Members Absent: None Staff Present: Scott Harlicker, Senior Planner; Chris Leeseberg, Planner; Debbie Huebner, Recording Secretary 1. Oill Meeting To Order 2. 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. Consider 6/24/03 Planning Commission Agenda COMMISSIONER JENSON MOVED TO APPROVE THE JUNE 24, 2003 PLANNING COMMISSION AGENDA WITH THE FOLLOWING CHANGES: -ITEM 5.5. - REQUEST BY CASCADE I LAND CO. FOR PRELIMINARY PLAT APPROVAL (PHEASANT RUN SECOND ADDITION), PUBLIC HEARING - CASE NO. CU 03-15 - POSTPONED TO THE JULY 22, 2003 PLANNING COMMISSION MEETING. - ITEMS 5.1. AND 5.2. - WILL BE HEARD AFTER ITEM 5.6. ON THE AGENDA. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 3. Consider 5/27/03 Planning Commission Minutes COMMISSIONER FRANZ MOVED TO APPROVE THE MAY 27,2003, MINUTES. COMMISSIONER JENSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 4. Planning Commission Representative to Attend City Council Meeting Commissioner Jenson will attend the July 21,2003 City Council meeting. 5.3. Request by Thomas Hartman for Approval of Registered Land Survey. Lot 10. Block 2 Fox Haven. Public Hearing - Case No. P 03-06 Planning Commission Minutes June 24, 2003 Page 2 e Staff report by Scott Harlicker. Thomas Hartman requests approval of a Registered Land Survey for Lot 10, Block 2, Fox Haven. Lot 10 would be split into two parcels; the west half of lot 10 would be combined with Lot 9, and the east half would be combined with Lot 11. Existing drainage and utility easements would be vacated and new easements would be granted along the new lot line. Staff recommends approval of the request with the three conditions listed in the staff report. Commissioner Anderson asked what the pmpose of the split was. Mr. Harlicker explained that the adjoining property owners wished to increase the size of their lots. Commissioner Anderson asked if anything would be built on the properties. Mr. Harlicker stated that there is an existing home on Lot 11 and a new home is being constructed on Lot 9. Chair Pederson opened the public hearing. There being no public comment, Chair Pederson closed the public hearing. COMMISSIONER JENSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY THOMAS HARTMAN FOR APPROVAL OF A REGISTERED LOT SURVEY FOR LOT 10, BLOCK 2, FOX HAVEN WITH THE FOLLOWING CONDITIONS: e 1. THE APPLICANT FILE FORAN EASEMENT VACATION TO VACATE THE EXISTING DRAINAGE AND UTILITY EASEMENTS ON THE LOT LINES BETWEEN LOT 10 AND LOT 9 AND LOT 10 AND LOT 11. 2. NEW DRAINAGE AND UTILITY EASEMENTS SHALL BE GRANTED ALONG THE NEW LOT LINE. 3. THE EAST HALF OF LOT 10 SHALL BE COMBINED WITH LOT 11 AND THE WEST HALF OF LOT 10 SHALL BE COMBINED WITH LOT 9. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5.4. Request by Scott Talbot for a Conditional Use Permit for Outdoor Storage. Public Hearing - Case No. CO 03-315 Staff report by Chris Leeseberg. Scott Talbot requests a Conditional Use Permit for outdoor storage in conjunction with a wholesale distribution facility at 15546 Cleveland Street. Mr. Leeseberg reviewed the seven standards for issuance of a Conditional Use Permit. He reviewed the existing site conditions, zoning, adjacent land uses, hours of operation, landscaping, and parking and circulation issues, number of employees. Mr. Leeseberg noted that Mr. Talbot has stated his business will be wholesale and there will be no sales to the general public. He reviewed a letter from Lead Building Inspector T eny Zajac and Fire Chief Bruce West, regarding Building and Fire Code issues. Staff recommends approval of the request with the 6 conditions outlined in the staff report. Chair Pederson opened the public hearing. There being no public comment, Chair Pederson closed the public hearing. Commissioner Franz stated that he was in favor of the request if it is determined that screening to the south is adequate. e Commissioner Anderson asked what type of surface the parking lot of Furniture & 'Things has. Mr. Leeseberg stated that it is Class V. Planning Commission Minutes June 24, 2003 Page 3 It 1. 2. 3. 4. 5. 6. e 7. 8. Chair Pederson asked how high the hunber would be stacked in the outdoor storage area. Mr. Talbot stated 16 feet. Chair Pederson stated that he concurred with Commissioner Franz's comments. Discussion followed regarding the addition of a condition to prohibit retail sales from the site. Mr. Harlicker reviewed the 11 Zoning District Standards which allows up to 15% of the gross floor area for retail sales, and that retail sales are not allowed as a conditional use. Discussion followed regarding the height of the fencing in relation to the height of the berm. COMMISSIONER]ENSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY SCOTT TALBOT FORA CONDITIONAL USE PERMIT, CASE NO. CU 03-15, WITH THE FOLLOWING CONDITIONS: THE BUILDING SHALL COMPLY WITH ALL BUILDING AND FIRE CODES. DELIVERY VEHICLES SHALL BE STORED IN A STRUCTURE. IF THE YARD IS TO BE EXPANDED, THE APPLICANT SHALL APPLY FORAN AMENDMENT TO THE CONDITIONAL USE PERMIT. ALL CHAIN LINK FENCES SHALL HAVE OPAQUE SLATS TO PROVIDE SOLID SCREENING OF THE STORAGE YARD. THE PROPOSED LANDSCAPING SHALL BE ON THE OPPOSITE SIDE OF THE FENCE AS IS THE STORAGE YARD. THE PARKING AREA SHALL BE RE-SURFACED WITH ASPHALT OR CONCRETE. NO RETAIL SALES SHALL BE ALLOWED WITHOUT AN AMENDMENT TO THE CONDITIONAL USE PERMIT. ALL CONCERNS OF THE LEAD BUILDING INSPECTOR AND FIRE CHIEF IN THEIR LETTER DATED JUNE 23, 2003 SHALL BE ADDRESSED. COMMISSIONER OFFERMAN SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5.5. Request by the City of Elk River for an Ordinance Amendment Regarding Driveways. Public Hearing - Case No. OA 03-05 e Staff report by Chris Leeseberg. The City of Elk River requests an amendment to the driveway portion of the City's Ordinance. Mr. Leeseberg reviewed the proposed language to address property requests for two driveways on a lot, and looped driveways. Staff recommends approval of the language as proposed. Chair Pederson stated that he was not sure he could support allowing two driveways on every comer lot in the City. He asked what the purpose the amendment would serve. Mr. Leeseberg explained that homes placed on comer lots are required to meet two front yard setbacks. Accessory structures then end up being placed to the rear of the lots which makes construction of a drive way difficult. He stated that Planning staff is not aware of pending requests of this nature and they are hoping to resolve the issue beforehand. Mr. Harlicker stated that there is currendy nothing in the ordinance to prevent residents from having two driveways now. He stated that there are no permits required to install a driveway, unless a Planning Commission Minutes June 24, 2003 Page 4 e street disruption permit or a county road access permit is necessary. Currendy, there is no mechanism in place to require inspection of driveways. Chair Pederson opened the public hearing. There being no public conunent, Chair Pederson closed the public hearing. COMMISSIONER OFFERMAN MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FORAN ORDINANCE AMENDMENT TO ADDRESS SECOND DRIVEWAYS AND LOOPED DRIVEWAYS, AS STATED IN THE HIGHLIGHTED LANGUAGE IN THE STAFF REPORT TO THE COMMISSION DATED JUNE 24, 2003, ITEMS 3, 4 AND 5. COMMISSIONER LEMKE SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5.1. Request by S & Z Investments. Inc. for Rezoning of Certain Property from R1c (Single Family Residential) to R3 (Townhouse/Multiple Family Residential). Public Hearing - Case No. ZC 03-03 Request by S & Z Investments. Inc. for Preliminary Plat (West Oaks). Public Hearing - Case No. P 03-04 5.2. e Mr. Harlicker stated that S & Z Investments, Inc. requests a rezoning from R1c to R3, and request for Preliminary Plat approval to subdivide approximately 35 acres into 122 townhome and 15 single family lots. Mr. Harlicker reviewed the site conditions, existing land use, density, lot sites, streets, parking, and park dedication reconunendation. He noted that the City Engineer's memo states that all his concerns have been addressed. Mr. Harlicker stated that Wedand Technical Evaluation Panel has reviewed the request and the applicant will be required to meet all their specifications and requirements. A letter from the Big Lake Township Board expresses their approval of the road connection at 183rd Avenue. The Township also stated that the residents have concerns regarding density and the wedands. Staff reconunends approval of the rezoning and preliminary plat based on the 3 findings and 20 conditions listed in the staff report. Chair Pederson read a letter from Kelly and Beverly Barry, 14415 183rd Avenue, expressing their concerns regarding increased traffic, density, number of homes and associated litter, trash, lawn clippings, pet problems, noise, trespassing by with snowmobilers and walkers" impact on wells, and impact on property values. The Barry's' requested that the developer be required to install a fence along their eastern property line. Chair Pederson opened the public hearing. Judy Thompson, 14412182nd Avenue, requested that staff provide information after the public hearing is closed regarding the City's five guidelines for rezoning, how medium density complies with the updated Comprehensive Plan, and the wedand rules regarding impervious surfaces. Ms. Thompson stated she did not believe the R3 zoning was a good use of transition between the existing land uses. She expressed her concern regarding the danger of increased numbers of vehicles traveling on the sharp curve in 183rd Avenue. Ms. Thompson stated that the residents are relying on the Planning Commission to safeguard their interests. e Fay Marie Sellner, 14099 182nd Avenue, expressed concern for the impact the development would have on the aesthetics of the area and the market value of the homes. Planning Commission Minutes June 24, 2003 Page 5 e Mark Cooker, 14493183rd Avenue, stated that the water level in the area dropped when Waco Street was relocated. He stated that he has had at least one car per year in his yard due to the sharp 15 mph curve in the road. Mr. Cooker expressed concern for the impact on the wedands. He stated that the applicant started changing the drainage last fall without the City's knowledge. He stated that single family residential is a better fit for the environment of this area. Mark Huslet, 14099 182nd Avenue, submitted a petition from 29 of the neighboring residents, expressing their opposition to the proposed rezoning and preliminary plat of West Oaks. Mr. Huslet stated that the applicant has already begun development of the property. Tom Randall, 14507 183rd Avenue, asked how the wedands would be protected. He stated he was concerned the water level of the wedands will be depleted. He also was concerned of the impact of development on some of the homes with shallow wells in the area. George Sanford, co-applicant, stated that he attended the Big Lake Township Board meeting at which they approved the road connection with 183rd Avenue. Mr. Sanford explained that they would only be excavating 2 - 3 feet and would not go through the impervious surface of the wedands, nor would they be pumping them out. Mr. Sanford stated that he was the developer of Royal Oaks, and that 4-inch, 9o-foot deep wells were drilled for these homes. He felt that the single family homes north of the golf course provided a good transition between the single family and the townhomes. He stated that the development will help to keep property values up, not make them go down. e Mike Ziegler, co-applicant, stated that when he sold homes to the adjacent landowners, they were told that the land would sit idle until city sewer and water was extended to the area. He stated that the City of Elk River has a snowmobile ordinance in effect which will prevent snowmobilers from riding on private property. Tom Randall, 14507183rd Avenue, stated that he believed enough water could be drained off the wedands to dry up the wells of the Big Lake Township homes. Commissioner Franz asked that the developers explain what type of activity is occurring on the property. Mr. Sanford explained that an old farm dump was taken out. Also a culvert was put in to provide a roadway to cut wood. Mr. Sanford stated that the City's Engineer, Terry Maurer, has looked what they have done and did not have any concerns. He noted that the wedand delineation has already been completed and the work they have done is in compliance. Senior Planner Scott Harlicker explained that there are no specific requirements the City must meet in order to approve a rezoning, as there are for variances. He stated that they look at whether or not the rezoning is consistent with the existing land uses, and how the rezoning may affect adjacent properties, and the different types of housing. Mr. Harlicker noted that this is not a DNR-regulated wedand. He also noted that the update of the Comprehensive Plan has not been completed and they are working with the existing Comprehensive Plan adopted in 1995. Mr. Harlicker stated that Terry Maurer has looked at the wedand excavating and the developers will be required to follow the recommendations of the Wedand Technical Review Panel. e Thomas Randall stated that he was told by Mr. Maurer that the developer would be required to put the culverts on top of the existing wetlands. He stated that the culverts installed by the developers are 3 feet deep and run the entire length of the wedands. Planning Commission Minutes June 24, 2003 Page 6 e Commissioner Lemke asked if the residents were re-notified of the public hearing. Administrative Planning Assistant Debbie Huebner stated that the Elk River and Big Lake Township property owners within 350' were re-notified of the public hearing dates. Thomas Randall stated that some of the Big Lake Township wells may only be sand point wells, as they were installed in the 1960's and 1970's. Commissioner Franz asked if the Wedand Technical Panel was aware of this. Mr. Sanford stated that representatives of local governing bodies are on the Panel, as well as a representative from the DNR. Mark Cooker, 14493 183rd Avenue, asked which survey was used in the evaluation, since the property was re-surveyed at a later date due to incorrect elevations. Mr. Sanford stated that the revised survey was confirmed and checked to see that the elevations corresponded. Commissioner Ropp asked for clarification on the amount of open space and the relationship to the adjoining properties. Chair Pederson stated that he feels the density meets the zoning requirements, however, after visiting the site he now had concerns regarding the environmental impact on the wedands. He stated that he felt the area would be better served with single family homes. e Commissioner Anderson stated that he served on the Park and Recreation Commission when the first application for this area was reviewed. He felt that the changes have been a significant improvement. Commissioner Anderson stated that having a through-street would improve property values, not decrease them. Commissioner Anderson stated that based on the information from staff and technical support, he is in favor of recommending approval of the request. Commissioner Lemke asked if there are different parking requirements for single family and townhomes. Mr. Harlicker stated that there are no parking requirements for single family residential lots. Commissioner Jenson asked if the elevations in their packets were those Mr. Sanford was proposing for this development. Mr. Sanford stated that the elevations are only examples of the type of townhomes he is proposing, and that the townhomes would be built to the City's R3 townhome standards. Commissioner Offerman suggested that the developer's agreement require the developer to ensure the success of the wedands for a period longer than one year. Commissioner Anderson asked if Mr. Sanford would be agreeable to extending the time period to 3 - 5 years. Mr. Sanford stated that he could accept three years. Commissioner Lemke explained that the statement in the developer's agreement refers mainly to the vegetation. Commissioner Franz expressed his support for approval of the request, stating that it is consistent with the Comprehensive Plan. He believes that the developer has the right to develop his property as long as it does not impact the neighboring properties. Commissioner Franz stated that he believes 183rd Avenue should be connected with the Big Lake Township road. e Mark Cooker, 14493183rd Avenue, stated that he feels the traffic will gready increase on his road, especially on Fridays and Saturdays, by motorists trying to avoid traffic congestion Planning Commission Minutes June 24, 2003 Page 7 e in Monticello. He stated he also had concerns regarding water on his property, and that water has moved up 30 feet onto his property from where it used to be. Chair Pederson stated that he did not want to see the wetlands impacted. There being no further public comment, Chair Pederson closed tht; public hearing. COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY S & Z INVESTMENTS, INC. FORA REZONING FROM R1C SINGLE FAMILY RESIDENTIAL TO R3 TOWNHOME/MULTIPLE FAMILY RESIDENTIAL, CASE NO. ZC 03-03, BASED ON THE FOLLOWING FINDINGS: 1. THE REQUEST IS CONSISTENT WITH THE LAND USE PLAN. 2. THE REQUEST WILL NOT ADVERSELY AFFECT ADJACENT PROPERTIES OR LAND USES. 3. THE REQUEST PROVIDES AN OPPORTUNITY FOR SEVERAL DIFFERENT HOUSING TYPES. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-1. Chair Pederson opposed. e COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY S & Z INVESTMENTS, INC. FOR PRELIMINARY PLAT APPROVAL (WEST OAKS), WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPER'S AGREEMENT IS PREPARED AND EXECUTED OUTLING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL PRIOR TO RELEASEING THE PLAT FOR RECORDING. 2. THE DEVELOPER PROVIDES HOMEOWNER ASSOCIATION DOCUMENTS FOR THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. e 3. SURFACE WATER MANAGEMENT FEE IS PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT, PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. PARKAND RECREATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT IS PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 5. THE LETTER OF CREDIT SHALL COVER WETlAND MITIGATION. DRAINAGE EASEMENTS SHALL BE IN PLACE OVER THE WETlAND AND THE WETlAND MITIGATION AREAS. 6. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND WETlAND MITIGATION AREAS. 7. A THREE-YEAR MONITORING REPORT ON THE WETlAND MITIGATION IS REQUIRED. Planning Commission Minutes June 24, 2003 Page 8 e 8. THE CITY ENGINEER'S COMMENTS SHALL BE INCORPORATED INTO THE PLANS. 9. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. 10. A LETTER OF CREDIT IS PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 11. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENTS COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. 12. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 13. A GRADING AND EROSION CONTROL PLAN SHALL BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 14. A DEVELOPMENT PLAN SHALL BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. e 15. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 16. ALL MAILBOXES SHALL BE CLUSTERED. 17. A TREE PRESERVATOIN PLAN SHALL BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 18. 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 MATEARIALS. STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING. 19. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 20. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED. e Planning Commission Minutes June 24, 2003 Page 9 e 21. THE TOWNHOMES SHALL MEET THE R3 TOWNHOME ZONING DISTRICT STANDARDS. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-1. Chair Pederson opposed. 6. Other Business 6.1. Update on 5/19/03 City Council Meeting Commissioner Franz provided an update on the May 19, 2003 City Council meeting. 8. Adiournment There being no further business, COMMISSIONER JENSON MOVED TO ADJOURN THE MEETING. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the Elk River Planning Commission adjourned at 8:36 p.rn. Respectfully submitted, 1J~~ e Debbie Huebner Recording Secretary e