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10-28-1997 PC MIN . . . jff~@W~~ MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, OCTOBER 28,1997 Members Present: Chair Anderson, Commissioners Mesich, Minton, Sullivan and Thompson. Members Absent: None Staff Present: Steven B. Ach, City Planner; Scott Harlicker, Assistant Planner; Paul Steinman, Director of Economic Development; Debbie Kleckner, Recording Secretary Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 7:20 p.m. by Chair Anderson. COMMISSIONER THOMPSON MOVED TO APPROVE THE OCTOBER 28, 1997 PLANNING COMMISSION AGENDA WITH THE FOLLOWING ADDITIONS: -ITEM 6.3. REQUEST TO POSTPONE CONDITIONAL USE PERMIT BY PAUL KRAUSE, PUBLIC HEARING CASE NO. CU 97-28. MOVE TO CONSENT AGENDA FOR POSTPONEMENT. COMMISSIONER MESICH COMMISSIONER MESICH -ITEM 7.3. -ITEM 7.4. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER MINTON MOVED APPROVAL OF THE OCTOBER 28, 1997 CONSENT AGENDA AS FOLLOWS: 3.1. CPDC REQUEST FOR ZONE CHANGE, PUBLIC HEARING CASE NO. ZC 97-1 - POSTPONED INDEFINITELY 3.2. CPDC REQUEST FOR CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 97-11 - POSTPONED INDEFINITELY 3.3. CPDC REQUEST FOR PRELIMINARY PLAT APPROVAL (TROn BROOK FARMS), PUBLIC HEARING CASE NO. P 97-8 - POSTPONED INDEFINITELY 3.4. GUARDIAN ANGELS OF ELK RIVER REQUEST FOR LAND USE AMENDMENT, PUBLIC HEARING CASE NO. LU 97-2 - POSTPONED TO 12/23/97 3.5. GUARDIAN ANGELS OF ELK RIVER REQUEST FOR ZONE CHANGE, PUBLIC HEARING CASE NO. ZC 97-2 - POSTPONED TO 12/23/97 . . . Planning Commission Minutes October 28. 1997 Page 2 3.6. GUARDIAN ANGELS OF ELK RIVER REQUEST FOR CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 97-20 - POSTPONED TO 12/23/97 3.7. GUARDIAN ANGELS OF ELK RIVER REQUEST FOR PRELIMINARY PLAT APPROVAL (ORONO SHORES), PUBLIC HEARING CASE NO. P 97 -12 - POSTPONED TO 12/23/97 6.3. PAUL KRAUSE REQUEST FOR CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 97-28 - POSTPONED TO 11/25/97 COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER SULLIVAN MOVED TO APPROVE THE SEPTEMBER 30, 1997 PLANNING COMMISSION MINUTES WITH THE FOLLOWING CHANGES: ITEM 6.2. - COMMISSIONER SULLIVAN MADE MOTION, COMMISSIONER THOMPSON SECONDED THE MOTION. ITEM 6.5. - VOTE 6-0. CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0-1. Commissioner Mesich abstained. Commissioner Sullivan will attend the November 17, 1997 City Council Meeting. 5.A. Consider 10/14/97 Planninq Commission Minutes COMMISSIONER THOMPSON MOVED APPROVAL OF THE OCTOBER 14, 1997 PLANNING COMMISSION MINUTES. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0-1. Commissioner Mesich abstained. Paul Steinman, Director of Economic Development, explained the Planning Commission is required to review modification of any tax increment financing district for compliance with the City's Comprehensive Plan. Paul explained that after decertification on December 31, 1997, excess funds (approximately $225,000) generated by T.I.F. District NO.5 (Alltool) may used for the purchase of industrial land and improvement costs. Paul noted the original District boundaries will not be enlarged and the proposed use remains consistent with the original plan. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION FINDS THE MODIFICATIONS TO TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO.5 AS PRESENTED TO BE IN COMPLIANCE WITH THE CITY OF ELK RIVER'S COMPREHENSIVE PLAN. COMMISSION SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 7-0. . . . Planning Commission Minutes October 28, 1997 Page 3 Staff report by Scott Harlicker. Jerry Smith is requesting a rezoning of property located at 907 Main Street from C2 (Office District) to Cl (Central Commercial)to allow uses such as restaurants, consignment shops, craft shops, and other types of retail sales. Chair Anderson opened the public hearing. Jerry Smith, applicant and co-owner of the property, explained problems they are experiencing in selling the property due to the current zoning. He felt the zone change is appropriate since the downtown is moving toward service-oriented businesses and small shops. Mr. Smith noted the adjacent property owner to the south has indicated a concern with debris from the site and he is not sure where it is coming from. There being no further public comment, Chair Anderson closed the public hearing. Commissioner Sullivan questioned whether the site has adequate on-site and street parking. Steve Ach indicated there may not be enough on-site parking if a restaurant were to occupy the site, but the on-street parking could be utilized. Commissioner Kuester expressed her concern for buffering the site from the neighboring property, and adequate lighting be provided. Mr. Smith stated an existing row of mature lilacs serves as a buffer, and there is a security light on the back of the building. COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF ORDINANCE 97-_, REZONING PROPERTY AT 907 MAIN STREET FROM C2 (OFFICE DISTRICT) TO Cl (CENTRAL COMMERCIAL)AS REQUESTED BY JERRY SMITH, PUBLIC HEARING CASE NO. ZC 97-7, BASED ON THE FOLLOWING FINDINGS: 1. THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAND DESIGNATION OF CB (CENTRAL BUSINESS). 2. THE REZONING IS CONSISTENT WITH THE ADJACENT LAND USE DESIGNATION AND ZONING DISTRICTS ON THE NORTH, EAST AND WEST. 3. THE PROPOSED REZONING IS A LOGICAL EXTENSION OF THE EXISTING Cl ZONING DISTRICT TO THE EAST. 4. THE TIMES AND CONDITIONS HAVE CHANGED IN THAT THE PROPERTY HAS BEEN FOR SALE FOR OVER 2 YEARS AND INTERESTED PARTIES HAVE INCLUDED USES THAT ARE ALLOWED IN THE Cl DISTRICT, BUT NOT IN THE C2 DISTRICT. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 7-0. Planning Commission Minutes October 28. 1997 Page 4 . staff report by Steve Ach. Royal Oaks Realty is requesting a preliminary plat to subdivide 40 acres located north of Highway 10 along the Queen A venue alignment, into 59 single family lots. Steve reviewed the concerns and recommendations addressed in the staff report to the Planning Commission dated October 28th, 1997 regarding the Riverplace plat. Steve suggested additional conditions to be added if the Planning Commission decides to approve the preliminary plat. Terry Maurer, City Engineer. indicated his major concern is the 100 yr. (878 ft.) Flood elevation. He explained that with the existing conditions, flooding would not go beyond the river bank. However, when the site is developed with storm sewer and drainage ponds, the property would be opened to flooding beyond the 100 yr. Flood elevation. Terry recommended redesigning the plat so the lowest floor elevation of all homes is at least 1 foot above flood level. He was concerned regarding the impact of the river flooding on the storm sewer system. He recommended increasing the amount of area around the homes required to be above the 100 year flood elevation, and increasing the backyard setbacks from the river. Chair Anderson questioned whether the DNR had any comments on the plat. Steve Ach indicated he has spoken with the DNR and they have no major concerns. He noted the DNR's written comments and necessary permits will be required before final plat approval. Chair Anderson opened the public hearing. . Mike Black, Royal Oaks Realty (developer), reviewed lot sizes, density, and issues addressed by staff. Mr. Black indicated the grading plan has been revised to address the 100 yr. Flood elevations and now reflects 20-30 foot setbacks for the lots near the pond. Lots 13 and 14 now have a minimum of 15 feet outside the house pad area which is 1 foot above the 100 yr. Flood elevation. He explained the reason for creating the flag portion on Lot 13 is for access to the river. Mr. Black explained the proposed park is 1/10 of an acre short of the 2 acres recommended by the Park & Recreation Commission and if they are required to provide the full 2 acres, it would mean the loss of Lot 7 . Mr. Black stated the developers are willing to pay their fair share for the frontage road improvements, but would request to do so at the time the improvements are made. Mr. Black discussed the city's requirements for yard trees, stating he felt it would be simpler to require 1 tree per lot, instead of basing the number of street frontage measurements. Mr. Black asked the Planning Commission to consider allowing the trees to be placed in the boulevard, approximately 10 feet back from the street and only requiring 1 tree per lot. He felt this would cause fewer problems since the gas and electric lines could be placed behind trees. Steve Ach suggested discussing boulevard trees and reduction of the R 1 d front yard setback from 35 feet to 30 feet, at the next Planning Commission workshop. . Commissioner Minton questioned whether the developer felt it would be possible to meet the City Engineer's recommendation of an additional 10' for a setback of 30 feet to the ponding area. Mr. Black stated he did not see a problem. Commissioner Minton also questioned if the developer would be willing to escrow Planning Commission Minutes October 28, 1997 Page 5 . the cost of the road improvements for the city. He indicated their willingness to do so. Chair Anderson opened the public hearing. Mike Boelter, 600 Highway 10, owner of property to the west, expressed concern that storm water runoff from the proposed plat will affect his property. He also was concerned that future residents will have a problem with the activity on property generated by his towing business and is zoned commercial. Mr. Boelter also was concerned he has not been contacted regarding the city's plans to put a street across his property to extend the frontage road. Commissioner Sullivan questioned where the proposed frontage road will be connected. Steve explained there are no homes with frontage onto it now and the street could end approximately 10 feet short of the property line with some type of barricades to prevent traffic from driving across Mr. Boelter's property. Steve Ach indicated Mr. Boelter's property is zoned. He noted homes could be built 25 feet from his property line. Terry Maurer indicated there should be no flow of storm water from the proposed development onto Boelter's property. . Richard Bickman, 18560 Simonet Drive, expressed concern there may be erosion along the bank of the Elk River due to this development. He indicated the sand and silt would end up in Lake Orono. Mr. Bickman felt it was important to put in rip rap now to prevent erosion. There being no further public comment, Chair Anderson closed the public hearing. Commissioner Mesich questioned if the ordinance allows for some type of restriction for using fertilizers that will run off into the river and ponding areas. Steve Ach indicated there are presently no restrictions. Terry Maurer indicated the restriction would need to be implemented in all areas served by city storm sewers, since the runoff all eventually ends up in the ponds and rivers. Discussion followed regarding adding conditions of approval for erosion control and future upgrading the frontage road along Highway 10. Commissioner Cote questioned whether MN/DOT had concerns regarding the potential for complaints from future residents in the development. due to traffic noise from Highway 10. Steve Ach indicated the plat will be sent to them for their comments. The developer discussed berming along Highway 10 for noise reduction. Commissioner Mesich suggested the developer be required to sod the backyards of the lots along river before a Certificate of Occupancy would be issued. Steve Ach recommended a condition be added to require that erosion control measures be established before applying for a building permit. . . . . Planning Commission Minutes October 28. 1997 Page 6 Further discussion followed regarding building elevations. traffic and the proposed neighborhood park. The Commissioners and staff also discussed the frontage road and future signalization along Highway 10. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY ROYAL OAKS REALTY FOR PRELIMINARY PLAT (RIVERPLACE), PUBLIC HEARING CASE NO. P 97-16 BASED ON INFORMATION IN STAFF REPORT, SUBJECT TO THE FOLLOWING CONDITIONS: 1. A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF ALL THE IMPROVEMENTS. 2. COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED OCTOBER 24, 1997 BE ADDRESSED AND INCORPORATED INTO THE PLANS. 3. DEVELOPER BE RESPONSIBLE FOR CONSTRUCTION OF A 10FT. WIDE BITUMINOUS PATH ALONG THE NORTH SIDE OF THE SERVICE ROAD. A CREDIT OF $10 PER LINEAL FOOT FOR THE TRAIL WILL BE CREDITED TOWARDS THE DEVELOPER'S PARK DEDICATION. 4. WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK RIVER MUNICIPAL UTILITIES. DEVELOPER SHOULD ALSO CHECK WITH ELK RIVER MUNICIPAL UTILITIES FOR ANY ADDITIONAL CHARGES RELATING TO WATER CONNECTION OR ELECTRIC FEES. 5. A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RECORDING THE PLAT. 6. PARK LAND IN THE AMOUNT OF 2 ACRES BE DEDICATED WITH THE BALANCE OF THE PARK DEDICATION REQUIREMENTS BE PAID IN CASH. THE 2 ACRES DEDICATED FOR PARK SHALL NOT INCLUDE ANY PONDING AREA. 7. A LANDSCAPE PLAN BE PROVIDED ILLUSTRATING A BUFFER ALONG THE WEST PROPERTY LINE AND ALONG THE SOUTH ADJACENT TO THE SERVICE ROAD. 8. AN NPDES PERMIT BE OBTAINED PRIOR TO ANY GRADING OF THE SITE. 9. A COMPLETE GRADING, DRAINAGE AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO COMMENCING GRADING ON SITE. 10. STREET LIGHTS BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES. 11. APPROVAL FROM THE DNR SHALL BE OBTAINED ACKNOWLEDGING THE PLAT MEETS THEIR REQUIREMENTS. 12. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE INCLUDED ON THE PLAT. 13. A DEVELOPMENT PLAN BE PROVIDED AND REVIEWED AND APPROVED BY THE CITY ENGINEER PRIOR TO ISSUANCE OF ANY BUILDING PERMITS. . . . Planning Commission Minutes October 28. 1997 Page 7 14. THE PLAT SHALL BE REDESIGNED TO INCREASE THE REAR YARD AREA BEHIND LOTS 1 THROUGH 6, BLOCK 4 AND LOTS 13 THROUGH 22, BLOCK 5 TO HAVE A DISTANCE OF 30' TO THE EDGE OF THE PONDING AREA. 15. THE FLOODWAY AND FLOOD FRINGE BE NOTED ON THE PLAT AND ALL REQUIREMENTS OF THESE ORDINANCES BE MET. 16. EROSION CONTROL SHALL BE PROVIDED ALONG THE BANK OF THE ELK RIVER. THIS EROSION CONTROL SHALL BE DONE IN COORDINATION WITH THE DNR AND CITY. 17. THE DEVELOPER PROVIDE THE CITY SOME FORM OF SECURITY TO INSURE THE FRONTAGE ROAD IS REBUILT TO AN URBAN STANDARD. THE CITY ENGINEER SHALL DETERMINE THE APPROPRIATE AMOUNT TO COVER THE COST OF THE STREET. 18. ALL LOTS ADJACENT TO THE ELK RIVER MUST HAVE THE ENTIRE YARD SODDED AT THE TIME OF CERTIFICATE OF OCCUPANCY. 19. LOT 13, BLOCK 5 SHALL BE MODIFIED TO REMOVE THE NARROW EXTENSION TO THE RIVER. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 7-0. Staff report by Scott Harlicker. The proposed amendment would eliminate multi- family dwellings, townhouses and two family dwellings as allowed uses in the C-2 (Office District) and townhouses, single family and two family dwellings as allowed uses in the C-l (Central Commercial) District. Chair Anderson opened the public hearing. There being no comments from the public, Chair Anderson closed the public hearing. Commissioner Minton expressed concern new single family homes would be allowed in these commercial zones. Commissioner Kuester felt the language was important for the protection of existing single family residences. COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF ORDINANCE NO. 97-_, AMENDING SECTION 900.12 OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATING TO CONDITIONAL USES IN THE C2 AND C1 ZONING DISTRICTS, PUBLIC HEARING CASE NO.'S OA 97-11 AND OA 97-13. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0. . . . Planning Commission Minutes October 28. 1997 Page 8 Staff report by Scott Harlicker. The City of Elk River is initiating an ordinance amendment to clarify the types of uses that are allowed in the Business Park zoning district. Scott reviewed the proposed ordinance with the Commissioners. Chair Anderson opened the public hearing. There being no comments from the public. Chair Anderson closed the public hearing. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF ORIDNANCE NO. 97-_, AN ORDINANCE AMENDING SECTION 900.12 OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATING TO PERMITTED AND CONDITIONAL USES IN THE BUSINESS PARK ZONING DISTRICT, PUBLIC HEARING CASE NO. OA 97-12. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 7-0. Staff report by Steve Ach. The City of Elk River is initiating an ordinance amendment to the Manufactured Home Park Closing section of the ordinance. Chair Anderson opened the public hearing. Earl Hohlen, 39 Main Street, stated he was not notified of the ordinance amendment and asked for clarification. Steve explained the ordinance amend would change the last sentence in the Mobile Home Closure Ordinance under "Payment of Additional Compensation" to read. "Such compensation shall be paid to the displaced residents no later than the earlier of ninety (90) days prior to the closing of the park or its conversion to another use." Steve noted the current ordinance has a time period of sixty (60) days. There being no comments from the public. Chair Anderson closed the public hearing. Commissioner Mesich questioned why Mr. Hohlen was not notified. Steve Ach explained that generally. ordinance amendments are published in paper and residents are not individually notified. Steve noted the proposed change was previously discussed with Mr. Hohlen. but in this case. it was an oversight Mr. Hohlen was not personally notified since he is the only property owner affected by the amendment. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF ORDINANCE NO. 97-_. AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 1010.12 (MANUFACTURED HOME PARK CLOSINGS) OF THE CITY CODE OF ORDINANCES. PUBLIC HEARING CASE NO. OA 97-14. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-1. Commissioner Mesich opposed. Commissioner Cote provided an update of action taken by the City Council on planning items at the October 20. 1997 City Council meeting. . . . Planning Commission Minutes October 28. 1997 Page 9 Steve explained the City Council postponed action on the variance requests by Tim Smith and John Paul until the November 3rd Council meeting. The Council requested the Planning Commission discuss possible changes to the existing ordinance regulating accessory building size and architecture at their October 28th meeting. Scott explained an option of amending the ordinance to allow lots located within the urban service area. over 5 acres in size. to construct accessory structures based on the same standards as the R 1 a and A 1 zoning districts. The Commissioners discussed the possibility of requiring that the accessory structures be taken down if a property is subdivided into smaller lots. Tim Smith stated that if it is the intent of the City to clean up community. why not allow storage buildings so homeowners can keep their junk stored inside. He felt it would be to his best interest to take down a storage building if he were to develop the property. Mr. Smith indicated there are 4 other pole barns within a half mile of his home. Chair Anderson questioned what size of building Mr. Smith wanted to build. Mr. Smith indicated he would like to be able to build whatever size he felt he needed. Commissioner Mesich suggested setting accessory structure area limits under the building permit standards. and if a property owner wanted more. he would have to request conditional use permit. Steve Ach explained that these types of requests were previously handled through the conditional use permit process and the City was overloaded with requests. He noted an ordinance amendment was adopted to increase the allowable accessory structure area. The variance process was implemented to deal with requests beyond the new limits. in order to simplify the process. Discussion followed regarding the possibility of allowing unlimited accessory structures for property over 5 acres in size. It was the consensus of the Commissioners to support staff's suggestions in Scott's memo dated October 28. 1997. 7.3 Gravel Plant Commissioner Mesich asked if the smoke emissions the gravel mining/asphalt facilities are monitored. He expressed concern for the increased amounts being produced recently. Steve Ach indicated he will pass the information on to Steve Rohlf. Building & Zoning Administrator. 7.4. Letter to MN/DOT Commissioner Mesich requested the City Council consider sending a letter to MN/DOT for the extension of the 55 mph speed limit on Highway 169 north of Elk . . . Planning Commission Minutes October 28, 1997 Page 10 River up to County Road 33. He expressed concern for the increased truck traffic and speeding problem in this area. Chair Anderson expressed his agreement with Commissioner Minton's comments. There being no further business, COMMISSIONER THOMPSON MOVED TO ADJOURN THE MEETING. CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the Elk River Planning Commission adjourned at 9:50 p.m. Respectfully submitted, JJ~-6~ Debbie Kleckner Recording Secretary