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12-23-1997 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, DECEMBER 23, 1997 Members Present: Vice Chair Sullivan, Commissioners Kuester, Mesich, Minton, and Thompson Members Absent: Chair Anderson, Commissioner Cote Staff Present: Steven B. Ach, City Planner; Terry Maurer, City Engineer; Debbie Huebner, Recording Secretary 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 Vice Chair Sullivan. COMMISSIONER MINTON MOVED TO APPROVE THE DECEMBER 23, 1997 PLANNING COMMISSION AGENDA. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. COMMISSIONER MINTON MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: ITEM 3.1. - PAUL KRAUSE REQUEST FOR CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. P 97-28 - POSTPONED TO JANUARY 27, 1998 COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. COMMISSIONER MINTON MOVED TO APPROVE THE NOVEMBER 25, 1997, PLANNING COMMISSION MINUTES. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 5-0. Commissioner Kuester will attend the January 20, 1998 City Council meeting. 6.1. Review Tax Increment Financing District # 17 Steve Ach indicated the Planning Commission is asked to review the modification to Development District No. and TIF No. 17 for conformance with the Comprehensive Plan. The proposed project is for the construction of a 25,000 . . . Planning Commission Minutes December 23. 1997 Page 2 square foot multi tenant industrial facility in Avon Acres 2nd Addition east of Highway 10. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION FINDS THE MODIFICATIONS TO DEVELOPMENT DISTRICT NO. AND THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 17 AS PRESENTED, TO BE IN COMPLIANCE WITH THE CITY OF ELK RIVER COMPREHENSIVE PLAN. COMMISSIONER KUESTER SECONDED THE MOTION. MOTION CARRIED 5-0. Steve Ach presented the staff report. David Gracik is requesting preliminary plat approval to subdivide approximately 4.6 acres located in the southeast corner of 193rd and Meadowvale Road. Steve noted Lot 1 will need to be modified due to the wetland and additional right of way required along Meadowvale Road. Staff recommends Lot 1 be combined with Lot 2 in order to provide the required building pad and yard area. Sherburne County Highway Department has requested shared accesses be provided for these lots. The plat is within the urban service area and will be assessed for sewer and water. The Park & Recreation Commission recommended cash to meet the park dedication requirements. A detailed plan be required for construction of a 10 foot detached trail along Meadowvale Road along with the plans for water and sewer. Steve noted three additional conditions for approval. Vice Chair Sullivan opened the public hearing. There being no comments from the public, Vice Chair Sullivan closed the public hearing. Steve Ach noted Terry Maurer has not reviewed the grading plan for the proposed plat. COMMISSIONER MESICH MOVED TO POSTPONE THE REQUEST BY DAVID GRACIK FOR PRELIMINARY PLAT (HIDDEN CREEK), PUBLIC HEARING CASE NO. P 97-17, TO THE JANUARY 27,1998 PLANNING COMMISSION MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Steve Ach indicated Guardian Angels of Elk River, Inc. has requested the following: Planning Commission Minutes December 23, 1997 Page 3 A. Land Use Plan Amendment, changing the land use designation from MR (Medium Density Residential) to HR (High Density Residential) and MR (Medium Density Residential) to HB (Highway Business). . B. Rezoning from R2 (Two Family Residential) to PUD (Planned Unit Development) . C. Preliminary Plat to subdivide approximately 11 acres into one commercial lot, one lot for assisted living and 20 townhouse lots. D. Conditional Use Permit for a mixed use planned unit development and site plan approval for Phase 1. Steve indicated that although the interior streets will be private, the easements will have to be increased to 60 feet in order to build the streets and utilities in the same easement. Steve reviewed issues regarding setbacks and densities within the "tiers" identified in the Shoreland Ordinance. Steve noted there may be an additional variance necessary for parking on the proposed commercial lot. The site plan currently does, not show enough parking. Michael Trossen, of Trossen Wright Architects, reviewed the proposed uses and densities within the 200 foot "tiers", Layout of project, grading, ponding. Mr. Trossen explained the plat has been designed so that 90% of the rainfall on site will come back to the two ponding areas. He noted the setbacks have been increased to allow the transfer of densities in Tiers 1 and 2. . Commissioner Minton and Thompson questioned if the density could be adjusted to avoid a variance. Carol Mills, representing Guardian Angels, felt the number of town homes and assisted living units they have requested are required to make the project work. Mr. Trossen explained the layout of the assisted living area and townhome development. Commissioner Mesich questioned why the price range of the town homes was not available. Carol Mills indicated they have many variables to take into consideration before establishing prices and they still have several sites to visit. Mr. Trossen reviewed the impervious area variance issue addressed in the staff report. He noted the DNR has indicated they will accept a variance with an approved surface water management plan, which Guardian Angels has provided. Discussion followed regarding the possibility of amending the Shoreland Ordinance to reflect the DNR's comments, since the City adopted the DNR's Shoreland Ordinance. Commissioner Mesich questioned if Guardian Angels has considered a 3 story assisted living to reduce the foot print of the site. Mr. Trossen indicated a two story was designed to reduce the impact on the lake. . Planning Commission Minutes December 23. 1997 Page 4 . Commissioner Kuester questioned how many docks would be constructed for the town homes. Mr. Trossen indicated the number has not be determined but he anticipated there to be approximately 1 dock for 2 every two town home buildings. Commissioner Kuester questioned if the proposed parking was adequate and if underground parking was considered. Steve Ach indicated parking for the town homes is adequate, however. there is concern with respect to the assisted living and the commercial does not meet the ordinance. Commissioner Mesich asked why the plat did not have 2 accesses for emergency purpose. Terry Maurer explained that MN/Dot asked that the second access be taken out. Commissioner Mesich questioned why staff is not requiring the roads to be built to city standards. Terry Maurer indicated he will ask the applicants to incorporate wider turning radii to accommodate larger vehicles. Vice Chair Sullivan opened the public hearing. There being no comments from the public, Vice Chair Sullivan closed the public hearing. . Commissioner Minton expressed his support for the master plan, but that he sees a problem with variance requests in future. He felt Guardian Angels could avoid the need for the density variance by eliminating one townhouse building and transfer those units to the assisted living to achieve the requested 80 units. He felt it would be difficult for Guardian Angels to meet the criteria necessary to grant a variance for an additional 6 units for assisted living and a parking variance for the commercial building. Commissioner Thompson expressed agreement with Commissioner Minton's comments. Commissioner Thompson expressed concern for the close proximity of the garages to one another. Terry Maurer felt several options were available to address the issue and suggested choosing two buildings and placing the garage doors in the front. Discussion followed regarding the area hydrologist's letter regarding a storm water management plan and the need for variances. Carol Mills spoke regarding the Mayor's support for approval of the variance during a meeting with the area hydrologist. It was the consensus of the Planning Commissioners to postpone action on Guardian Angels of Elk River's requests for further consideration of the commercial area, parking, and variances for density and amount of impervious area. Carol Mills noted that Larry Kramka, Area Hydrologist, has expressed his support for the project and she asked the Commissioners to note the comment in his letter regarding not focusing on the shoreland standards. Steve indicated it may be possible for the City Council to review Guardian Angels' requests in early February. . Planning Commission Minutes December 23. 1997 Page 5 . COMMISSIONER THOMPSON MOVED TO POSTONE THE FOLLOWING REQUESTS BY GUARDIAN ANGELS OF ELK RIVER TO THE JANUARY 27, 1998 PLANNING COMMISSION MEETING: 1. GUARDIAN ANGELS OF ELK RIVER REQUEST FOR LAND USE AMENDMENT (MR TO HR & Ce), PUBLIC HEARING CASE NO. LU 97-2 2. GUARDIAN ANGELS OF ELK RIVER REQUEST FOR ZONE CHANGE, PUBLIC HEARING CASE NO. ZC 97-4 3. GUARDIAN ANGELS OF ELK RIVER REQUEST FOR CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 97-20 4. GUARDIAN ANGELS OF ELK RIVER REQUEST FOR PRELIMINARY PLAT APPROVAL (ORONO SHORES), PUBLIC HEARING CASE NO. P 97-12 COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 5-0. . Staff report by Steve Ach. The City of Elk River is initiating a land use amendment from LR (Low Density Residential) to MR (Medium Density Residential) and rezoning from R 1 a (Single Family Residential) to R 1 e (Single Family Residential). The requests are being presented as a result of recent changes to the Comprehensive Plan which expanded the urban service area. The affected 480 acres of property is bounded by County Road No. 12 on the north, Tyler Street alignment on the west, 175th Avenue on the south and Fillmore Street on the east. The proposed changes will reflect lot sizes and residential densities typically found in development of property with municipal services. Vice Chair Sullivan opened public hearing. Dennis Chuba, 10451 175th Avenue NW, indicated there are six residences affected by rezoning of the pond area. He suggested the trunk line be assessed on a "per lot" basis, not "per acre". Mr. Chuba indicated some of these properties cannot be subdivided due to the proximity to roads and drainage easements. He felt an unfair heavy assessment burden would be placed on these residents if sewer and water were extended to this area. Gordon Mire, 17753 Fillmore Street, indicated he lives on the east side of Fillmore which is the dividing line for the newly established urban service area. He stated that 2 years ago he was told his property would be exempt from an assessment for water and sewer. Mr. Mire was concerned he would be forced to hook up if the trunk line ran through Fillmore. Terry Maruer, City Engineer, explained that if water and sewer were extended, the trunk line would most likely not be along Fillmore Street. Steve Ach informed Mr. Mire that he is outside the area proposed to be rezoned. . . . . Planning Commission Minutes December 23. 1997 Page 6 Gene Fritz, 15795 Polk street, was concerned if the neighboring property were developed, 40 acres of woods would be lost. There being no other comments from the public, Vice Chair Sullivan closed the public hearing. Commissioner Kuester questioned if the property owners that cannot subdivide their property would be excluded from assessments. Terry Maurer explained a trunk assessment would be assessed on a per acre basis, but that it has been the City's policy to allow some parcels to be excluded unless they are developed, and at that time, the property owners would then be assessed for their fair share. Commissioners Mesich and Thompson expressed their concern for the impact the increased density will have on the schools and traffic. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF RESOLUTION 97--1 AMENDING THE lAND USE DESIGNATION OF CERTAIN PROPERTIES FROM lR (lOW DENSITY RESIDENTIAL) TO MR (MEDIUM DENSITY RESIDENTIAL) BASED ON THE FOllOWING FINDINGS (CASE NO. lU 97-6): 1. THE URBAN SERVICE AREA WAS RECENTLY EXPANDED TO INCLUDED THIS AREA, AND THE MINIMUM lOT SIZES ASSOCIATED WITH THE MR lAND USE DESIGNATION ARE TYPICAL OF lOT SIZES FOUND WITHIN THE URBAN SERVICE AREA. 2. THE MR lAND USE DESIGNATION Will ENCOURAGE THE WELL DESIGNED RESIDENTIAL DEVELOPMENT OF THIS AREA ONCE URBAN SERVICES BECOME AVAilABLE. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 3-2. Commissioners Mesich and Thompson opposed. COMMISSIONER MINTON MOVED THE PLANNING COMMISISON RECOMMEND APPROVAL OF ORDINANCE NO. 97-_, REZONING CERTAIN PROPERTIES FROM R1A (SINGLE FAMILY RESIDENTIAL) TO R1 E (SINGLE FAMILY RESIDENTIAL), BASED ON THE FOLLOWING FINDINGS (CASE NO. ZC 97-8): 1. THE PROPOSED REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF MR (MEDIUM DENSITY RESIDENTIAL). 2. THE PROPOSED REZONING IS COMPATIBLE WITH THE ADJACENT lAND USES AND ZONING. 3. THE PROPOSED REZONING WILL BE CONSISTENT WITH THE RECENT EXPANSION OF THE URBAN SERVICE AREA AND IS REFLECTIVE OF THE RESIDENTIAL DENSITY USUALLY ASSOCIATED WITH MUNICIPAL SERVICES. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 3-2. Commissioners Mesich and Thompson opposed. . . . Planning Commission Minutes December 23. 1997 Page 7 Staff report by Steve Ach. The City of Elk River is initiating an ordinance amendment relating to changeable copy signs. Commissioner Minton expressed support for the proposed ordinance amendment. Vice Chair Sullivan did not support the restrictions in the amendment since the City allowed a "reader board" sign for the new Northbound Liquor Store. Steve Ach indicated the Holiday Gas Station on Highway 169 also has a changeable copy sign. Commissioner Minton suggested a one minute time limit between changes on the signs. Commissioner Thompson indicated she would support eliminating the signs if not for the fact the City has already allowed two. She felt a restriction on distance between these types of signs should be included in the ordinance. Steve indicated the distance between the existing two signs is about 3,500 feet. Vice Chair Sullivan questioned the Commissioners where changeable copy signs would be appropriate. She felt "time and temperature only" signs should be exempt from this ordinance. The Commissioners felt an exemption on gas price changeable copy signs was appropriate. Vice Chair Sullivan opened the public hearing. There being no comments from the public, Vice Chair Sullivan closed the public hearing. COMMISSIONER MINTON MOVE TO RECOMMEND APPROVAL OF ORDINANCE NO. 97-_, ESTABLISHING AN ORDINANCE FOR CHANGEABLE COPY SIGNS, INCLUDING THE FOLLOWING RESTRICTIONS: . THE SIGNS ARE ONLY ALLOWED IN THE C3 HIGHWAY BUSINESS ZONING DISTRICT. . THERE BE AT LEAST 3500 FEET BETWEEN SIGNS. . THE COPY ON THE SIGNS REMAIN UNCHANGED FOR A PERIOD OF ONE MINUTE. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-1. Commissioner Sullivan opposed. Staff report by Steve Ach. The City of Elk River has initiated an amendment to the subdivision regulations, requiring one boulevard tree and one yard tree per lot in subdivisions. Vice Chair Sullivan opened the public hearing. There being no comments from the public, Vice Chair Sullivan closed the public hearing. COMMISSIONER THOMPSON MOVED TO APPROVE ORDINANCE NO. 97-_, AMENDING SECTION 1008.14 OF THE CITY CODE OF ORDINANCES, CASE NO. OA 97-17. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 5-0. . . . Planning Commission Minutes December 23, 1997 Page 8 Commissioner Thompson reviewed action taken on planning items at the December 15th City Council meeting. 8. Other Business Steve Ach noted Commissioner Sullivan's and Commissioner Minton's terms will expire on December 31st, There being no further business, COMMISSIONER THOMPSON MOVED TO ADJOURN THE MEETING. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River Planning Commission adjourned at 9:25 p.m. Respectfully submitted, ~-~ Debbie Huebner Recording Secretary