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06-22-2004 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, JUNE 22, 2004 Members Present: Chair Ropp, Commissioners Curtis, Lemke, Offerman and Pederson Members Absent: Commissioners Anderson and Stevens Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner; Chris Leeseberg, Planner; Teny Maurer, City Engineer; 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 6:45 p.m. by Chair Ropp. 2. Consider 6/22/04 Planning Commission Agenda MOVED BY COMMISSIONER PEDERSON AND SECONDED BY COMMISSIONER OFFERMAN TO APPROVE THE JUNE 22, 2004 PLANNING COMMISSION AGENDA MOTION CARRIED 5-0. 3. Consider 5/25/04 Planning Commission Minutes MOVED BY COMMISSIONER PEDERSON AND SECONDED BY COMMISSIONER CURTIS TO APPROVE THE MAY 25,2004, MINUTES WITH THE FOLLOWING CORRECTIONS: UNDER "MEMBERS PRESENT", CHAIR SHOULD BE ROPP AND COMMISSIONER CURTIS LISTED AS PRESENT. MOTION CARRIED 5-0. 4. Planning Commission Representative to Attend July City Council Meeting 5.1. Director of Planning Michele McPherson stated that staff will contact Commissioner Anderson to confirm that he will attend the July 19, 2004 City Council meeting. Request by Ryan Development. Inc. for a Rezoning of Certain Property from R1c (Single Family Residential) to PUD (planned Unit Development). Public Hearing - Case No. ZC 04-05 Request by Ryan Development. Inc. for Preliminary Plat Approval (Trout Brook Estates). Public Hearing - Case No. P 04-08 Request by Ryan Development for Conditional Use Permit for Residential PUD (Trout Brook Estates). Public Hearing - Case No. CU 04-11 5.2. 5.3. Director of Planning Michele McPherson introduced Ryan Development's request for a rezoning, preliminary plat, and conditional use permit for a 142-unit single family residential development (Trout Brook Estates), on 115.56 acres. She reviewed the location, existing conditions, current zoning, surrounding land uses, development layout, streets and access . . . Planning Commission June 22, 2004 Page 2 points. Ms. McPherson noted that an existing farmstead is located on a 7.27-acre lot located in the southwest comer of the site. She explained that the developer would be required to realign Tyler Street in order to create a 90-degree four-legged intersection. Ms. McPherson stated that Tyler Street within the plat would provide subdivision opportunities for the residential properties to the west. Ms. McPherson reviewed the chart provided in the staff report, which illustrates the zoning comparison of the Rid Single Family District requirements with the PUD District. Ms. McPherson discussed transportation issues and recommendations by City Engineer Terry Maurer including the extension of 188m Lane and its impact on park dedication, and the splitting of Oudot A in order to prevent it becoming a "spite strip". She stated that utilities, grading, and drainage issues are addressed in the City Engineer's memo attached to the staff report. Ms. McPherson noted that Environmental Technician Rebecca Haug has submitted a memo with conditions to address wedand impacts and the wedand mitigation plan. She reviewed the Parks and Recreation Commission's recommendation for park dedication which includes the acquisition of Oudot I, cash dedication funds, and trails and sidewalk extensions. Ms. McPherson reviewed the housing types and landscape plan. Staff recommends approval of the requests by Ryan Development with the findings and conditions listed in the staff report. Chair Ropp asked how the lot sizes compare to those in Trott Brook Farms. Ms. McPherson stated that the single family lots in Trott Brook Farms are larger. Chair Ropp opened the public hearing. Dennis Griswold of Ryan Contracting, Inc., noted that the proposed development of this site has gone from 250-plus units to 142 units. He discussed the housing types and buyer's market for the proposed project. Mr. Griswold provided the following the following comments regarding staff's recommendations: . The project could get "hung up" if they were required to acquire right-of-way from the adjoining property owner, in order to realign the Tyler Street intersection. He suggested that they could realign the intersection within the plat by removing a lot and adding one on the east side of the plat. He felt that if the City wanted the realignment proposed by the City Engineer, that the City could exercise their right of eminent domain to acquire the right-of-way. · They estimated that the cost of extending 188th Lane would be approximately $300,000, with only 142 units to pay for it. Also, the additional property taken away from the park dedication (1.4 acres) would cost them additional $20,000-$30,000 in value. If the City feels there truly is a need for this connection, the City may consider allowing them to utilize one-half of the wedand frontage to construct an additional six units to make up the loss, and the remaining park land would still be a nice asset. · The buffer of trees to the west would provide some protection for the neighboring residences. · If any of the neighboring property owners wished to develop their property, he felt it was fair for them to pay for half the cost of extending the street. · The required street widths are acceptable, but that there are a few lots where setbacks will be tight, due to the wedands. . . . Planning Conunission June 22, 2004 Page 3 . The intent of the "eyebrow" cul-de-sac was to provide a better streetscape. · The looped road which backs up to the neighbors to the west will be better defined in Phase Two when it is known which property owners are interesting in developing their property and which are not. Commissioner Pederson asked what the homes on the smaller lots would look like. Mr. Griswold referred the Commissioners to the color drawings in their packet. He stated that the homes on the smaller lots would range from 2,200- 3,024 square feet, and the larger houses would be in a range of 2,248 - 3,761 square feet. The homes would be two-story- and have 3 - 4 bedrooms. Commissioner Pederson asked what the setbacks would be on these lots and would they have 2 or 3-stall garages. Mr. Griswold stated that the homes on the 65-foot wide lots would have a 50-foot footprint (5' setback on garage side, 10' side setback on house side). He stated that even the smallest lot could accommodate a 3-car garage. Commissioner Pederson stated that the extra $300,000 costs Mr. Griswold referred to for the realignment and connections breaks down to an additional cost of $2,100 per lot. Mr. Griswold stated that even though $2,100 may seem insignificant, it adds quite a bit to the entire package which is offered to the buyer. Chair Ropp called for action by the Commission on the zone change request. Commissioner Pederson stated that he felt the POO zoning makes good sense for this property and supported the rezoning. Chair Ropp concurred and stated that the POO zoning is consistent with the zoning of the property to the south. Commissioner Offerman stated he had no problem with the rezoning and that he would support the realignment of Tyler Street and "swapping" of lots in order to accommodate the extension of 188m Lane. City Engineer T erty Maurer stated that he was in agreement with the developer that the alignment they are proposing at the intersection of Becker Drive and CSAH 13 is the best for long term intersection geometrics. He stated that the City Council has been willing to use eminent domain in similar situations, but that they will likely require the developer to make a good faith effort to acquire the property from the adjacent owner. Commissioner Offerman stated that he could support the exchange of additional lots in order to provide this critical street connection. MOTION BY COMMISSIONER PEDERSON AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPPROVAL OF THE REQUEST BY RYAN DEVELOPMENT, INC. FORA REZONING FROM R1C TO PUD, CASE NO. ZC 04-05, BASED ON THE FOLLOWING FINDINGS: 1. THE ZONING IS COMPATIBLE WITH THE UNDERLYING LAND USE OF MEDIUM DENSITY RESIDENTIAL. 2. THE PROPOSED USE IS CONSISTENT WITH THE ZONING REQUESTED. 3. THE PROPOSED ZONING IS COMPATIBLE WITH ADJACENT USES AND ZONING. THE MOTION CARRIED 5-0. . . . Planning Commission June 22, 2004 Page 4 Chair Ropp stated that he supported the City's option to apply eminent domain to insure the realignment of the Tyler Street intersection and asked how long the process would take. City Engineer T eny Maurer stated that realistically, it would take approximately six months. He explained that a temporaty access could be granted so that development could be started. He stated that it was well worth the time to go through the process. Ms. McPherson stated that a similar condition was utilized for the Windsor Oak Hill subdivision, in which the developer was working with an adjacent property owner to acquire right-of-way and the development was allowed to move ahead in phases. Commissioner Lemke stated that he was in favor of extending 188th Lane. Commissioner Pederson asked how much park land would be given away by allowing the additional lots. Ms. McPherson explained that the staff recommendation to extend 188th Lane did not include providing additional lots along the street. She stated that park would have good street access and that the extension would act as a parkway. She stated that the Parks and Recreation Commission was not in favor of a road through the park, but that there are significant transportation issues and this road connection would provide an opportunity for a solution, not only for road connections but pedestrian connections, as well, between the new subdivisions in this part of the City. Commissioner Pederson asked what type of "parkway" staff was referring to. Ms. McPherson stated that staff was not suggesting a four-lane divided street, but rather, a widened street with more landscaping. City Engineer T eny Maurer stated that he sees the extension as a way to address health, life, and safety issues, and that the street would be similar to what is in Trott Brook Fanns and Lafayette Woods. MOTION BY COMMISSIONER PEDERSON AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUESTS BY RYAN DEVELOPMENT, INC. FOR PRELIMINARY PIAT AND A CONDITIONAL USE PERMIT FOR TROUT BROOK ESTATES PIANNED UNIT DEVELOPMENT, WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PIAT APPROVAL PRIOR TO RELEASING THE PIAT FOR RECORDING. 2. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PIAT PRIOR TO RELEASING THE PIAT FOR RECORDING. 3. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PIAT FOR RECORDING. 4. WATER ACCESSIBILTY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PIAT FOR RECORDING. . . . Planning Commission June 22, 2004 Page 5 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 WARRANI'Y BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. 7. ALL COMMENTS CONTAINED IN REBECCAHAUG'S MEMO DATED JUNE 16,2004 SHALL BE ADDRESSED. 8. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS. 9. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND MITIGATION AREAS. 10. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED. 11. THE CITY ENGINEER'S COMMENTS OF JUNE 17,2004 BE INCORPORATED INTO THE PLANS. 12. 188TH LANE SHALL BE EXTENDED THROUGH OUTLOT I TO THE EASTERLY EDGE OF THE PLAT AND THE DEVELOPER SHALL PAY THEIR FAIR SHARE OF THE CROSSING OF TROTT BROOK. 13. THE STREET NAMES SHALL BE REVISED AS INDICATED. 14. OUTLOT A SHALL BE PROVIDED AS RIGHT OF WAY OR SHALL BE DIVIDED AND COMBINED WITH LOT 3, BLOCK 1, LOT 1, BLOCK 2 AND STREET C TO AVOID CREATING A SPITE STRIP. 15. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 16. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 17. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 18. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 19. ALL MAILBOXES BE CLUSTERED. 20. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. . . . Planning Commission June 22, 2004 Page 6 21. 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 THE FENCING PRIOR TO GRADING COMMENCING. 22. 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 AUTIIORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTIIORIZED. 23. OUTLOT I SHALL BE DEDICATED AS PARK. THE DEVELOPER SHALL NOT RECEIVE PARK DEDICATION CREDIT FOR WETLANDS OR STORMW ATER PONDS LOCATED IN OUTLOT I. 24. THE DEVELOPER SHALL CONSTRUCT, AT NO COST TO THE CITY THE TRAILS, RETAINING WALLS, AND WETLAND CROSSING LOCATED IN OUTLOT I. 25. ADDITIONAL TREES SHALL BE PROVIDED ON CORNER LOTS. MOTION CARRIED 5-0. 5.4. Request by PlanScape Partners for Ordinance Amendment to Business Park Zoning District Conditional Use Permit Section. Public Hearing - Case No. OA 04-01 PlanS cape Partners, on behalf of ABRA Auto Body, requests an ordinance amendment to the City's ordinance to allow motor vehicle repair shops a conditional use in the Business Park Zoning District. Planner Chris Leeseberg distributed a revised draft of the proposed ordinance language. Staff recommends approval of the ordinance amendment as requested. Commissioner Offerman asked for clarification of the defmition for automotive uses. He asked what would prevent a "quick lube" type of business from locating in a Business Park. Director of Planning Michele McPherson reviewed the definition of motor vehicle repair shops from the City's ordinance. She stated that the Commission could recommend an amendment to the ordinance if they would like the definition to be more specific. She stated that the building standards in the Business Park would likely restrict quick lube-type businesses from locating in business parks. Commissioner Offerman stated that he was expecting a more detailed ordinance amendment from the applicant. Ms. McPherson stated that the language they received this evening was submitted by the applicant. Commissioner Offerman stated that he could not support the request and did not feel the use was a good fit in the Business Park District. Commissioner Pederson stated that he felt the use was a good fit, especially when reviewing the types of businesses that are already allowed in this district. He felt that the building design standards would restrict" quick lube" type businesses from locating in a business park. . . . Planning Commission June 22, 2004 Page 7 Commissioner Curtis asked if it would be appropriate to limit the number of vehicles allowed on site. Ms. McPherson explained that the volume of this type of business is sometimes related to weather, such as snow storm, when a large number of accidents may occur. She stated that the number of vehicles on site would be limited by how many the business could store in the fenced (opaque) area. Chair Ropp opened the public hearing. Ron Ficas of PlanS cape Partners, stated that he felt the proposed ordinance amendment would give the City the controls it needs to obtain a quality development. There being no further public comment, Chair Ropp closed the public hearing. Chair Ropp stated that he had no concerns with the request as proposed. MOTION BY COMMISSIONER PEDERSON AND SECONDED BY COMMISSIONER CURTIS TO RECOMMEND APPROVAL OF THE REQUEST BY PLANSCAPE PARTNERS TO AMEND THE BUSINES PARK DISTRICT PORTION OF THE CITY OF ELK RIVER ORDINANCE TO ALLOW MOTOR VEHICLE REPAIR SHOPS AS A CONDITIONAL USE. MOTION CARRIED 4-1. Commissioner Offerman opposed. 5.5. Request by Vanney Associates. Inc. for Conditional Use Permit for Expansion of Existing Fitness Facility (The Gym). Public Hearing - Case No. CO 04-17 Vanney Associates requests a 6,056 square foot expansion to The Gym, located at 550 Freeport Avenue. Planner Chris Leeseberg explained that the concrete slab to the south of the existing building will be removed in order to construct the addition. No changes are proposed for parking, landscaping or signage. Mr. Leeseberg noted that the exterior of the addition will match the existing building. Staff recommends approval of the request with the one condition listed in the staff report. Commissioner Curtis asked for clarification on landscaping for the area not covered by the addition. Ms. McPherson noted that there may be room for ornamental trees, but that it would be left up to the applicant, since landscaping the area would be in their best interest. Mr. Leeseberg noted that the site plan indicates the area will be sodded. Chair Ropp opened the public hearing. Bob Vanney ofVanney & Associates, on behaH of Marcus Theaters and The Gym, stated that he was present to answer any questions the Commission may have. There being no further public comment, Chair Ropp closed the public hearing. Chair Ropp stated that he was in favor of the request as presented. MOTION BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY VANNEY ASSOCIATES, INC. FORA CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF AN EXISTING FITNESS FACILITY (THE GYM), CASE NO. CU 04-17, WITH THE FOLLOWING CONDITION: . . . Planning Commission June 22, 2004 Page 8 1. THE ENTIRE CONCRETE SLAB BE REMOVED AND THE AREA NOT COVERED BY THE ADDITION SHALL BE LANDSCAPED. MOTION CARRIED 5-0. 5.6. Request by Guardian Angels for Conditional Use Permit for Parking Expansions. Public Hearing - Case No. CD 04-18 Commissioner Pederson excused himself from discussion of this item due to a conflict of interest. Guardian Angels requests a conditional use permit in order to expand two areas of their parking in order to provide more visitor parking closest to their main building. Planner Chris Leeseberg explained that the current parking requirements for the site are 240-245 stalls, which is met by the current parking area. Guardian Angels is proposing to construct an additional 67 stalls. He explained where the proposed additional parking will be constructed. Staff recommends approval of the request with the three conditions listed in the staff report. Chair Ropp opened the public hearing. Mike Trossen of Trossen Wright Architects, representing Guardian Angels, stated that he was present to answer any questions the Commission may have. There being no further public comment, Chair Ropp closed the public hearing. MOTION BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER CURTIS TO RECOMMEND APPROVAL OF THE REQUEST BY GUARDIAN ANGELS FORA PARKING LOT EXPANSION, CASE NO. CU 04-18, WITH THE FOLLOWING CONDITIONS: 1. IF FUTURE EXPANSION OF PARKING IS DESIRED, THE APPLICANT SHALL APPLY FORAN AMENDMENT TO THE CONDITIONAL USE PERMIT. 2. NEW PARKING AREAS SHALL HAVE CONCRETE CURB AND GUTTER. 3. 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 RIGID TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED TO CONTINUE BY THE CITY. THE MOTION CARRIED 4-0. Commissioner Pederson abstained. 5.7. Request by Commonweal Development for Preliminary Plat (Carson Business Park). Public Hearing - Case No. P 04-11 This item was tabled to the July 27th Planning Commission meeting in order to address issues identified during the review of the traffic study. 6. Other Business . . . Planning Commission June 22, 2004 Page 9 6.1. Update on June 21. 2004 City Council Meeting Commissioner Pederson provided an update on the June 21, 2004 City Council meeting. 8. Adjournment There being no further business, MOVED BY COMMISSIONER PEDERSON AND SECONDED BY COMMISSIONER CURTIS TO ADJOURN THE MEETING. MOTION CARRIED 5-0. The meeting of the Elk River Planning Commission adjourned at 8:07 p.m. Respectfully submitted, IJ~~ Debbie Huebner Recording Secretary