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02-27-1996 PC MIN . . . ~ &,,~@W~~ '> MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, FEBRUARY 27, 1996 Members Present: Chair Dillon, Commissioners Minton, Sullivan and Thompson Members Absent: Commissioners Anderson, Kuester and Tacheny Staff Present: Steven B. Ach, City Planner; Scott Harlicker, Planning Assistant, Terry Maurer, City Engineer, and 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 p.m. by Chair Dillon. Chair Dillon asked that Item 7.16. be inserted in the agenda between Items 7.8. and 7.9. COMMISSIONER THOMPSON MOVED APPROVAL OF THE 2/27/96 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 4-0. The following corrections were noted: Note Commissioner Kuester as present, not absent. Note Commissioner Kuester listed as Chair Kuester. Item 4. - Change to February 20th (recorded as February 2nd). COMMISSIONER MINTON MOVED APPROVAL OF THE 1/23/96 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. .4................ ....>.cbhsid$r...t.fl.Sf96..AhI"lOdl..Rldhhihd..Cbmmis$tbh..Me$tihd...MiHoH~s< COMMISSIONER MINTON MOVED APPROVAL OF THE 1/13/96 PLANNING COMMISSION MINUTES. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. Planning Commission Minutes February 27, 1996 Page 2 . The following changes were noted: Article III. Term Limits: Change language to read "It is suaaested an individual commissioner be limited to serving 2 (two) terms. It is suaaested that before being considered for another appointment to the Planning Commission........." Article IV. Section 8.1. No.5: Change to read "The applicant will then have an opportunity to answer questions." Article IV. Section 1 0.2. Conflict of Interest: Add the following sentence at the beginning of the paragraph: "The Planning Commissioners shall comply with the City of Elk River's Conflict of Interest Ordinance." Also, delete the second paragraph in this section. Article IV. Section 9.1. General: Peter Beck will work with Steve Ach to revise this section to clarify that the Planning Commission shall be in compliance with the State of Minnesota Open Meeting Law. COMMISSIONER MINTON MOVED APPROVAL OF THE PLANNING COMMISSION RULES AND PROCEDURES AS AMENDED. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 4-0. ...........................--.-.........-----_._---_..------- - -------- - - --- - - --.-----.......................---.............".".,............."........ 6.PJOril"liribd8mrrlissiQr1RePreser"lfdHvet80ttehd3/1f.Mr6GitVC8GI1CilMegttrid Commissioner Minton will attend the March 18, 1996, City Council meeting. . Staff report by Scott Harlicker. Mr. and Mrs. Raivala, 18648 Simonet Drive, are requesting a ten foot front yard setback variance from the required 30 foot front yard setback in order to construct a detached 22' x 16' garage. The property is 75' x 211' (.38 acres in size) and is located in Best Point of Lake Orono. There does not appear to be any special conditions unique to this site that are not applicable to other properties in the area. It is staff's opinion that this request does not meet the five standards for granting a variance and recommended denial. Kathleen Raivala, 18648 Simonet Drive, applicant, explained that they plan to remove the trees mentioned in the staff report even if they are not allowed to build the garage in the requested location. Mrs. Raivala stated they have had a problem with large branches falling, and also, the electric company has to trim the trees every year because they interfere with the power lines. Mrs. Raivala noted she has perennials which would be destroyed if the garage was placed in the location proposed by staff. Mrs. Raivala submitted letters from all 20 residents in her neighborhood supporting their request. She added that her neighbor, Mike Trunnell, received a similar variance in the past. . Chair Dillon opened the public hearing. There being no comments from the public, Chair Dillon closed the public hearing. . . . Planning Commission Minutes February 27, 1996 Page 3 Chair Dillon asked Scott if there had been any similar variances granted in this area. Scott was not aware of any and felt other garages in this neighborhood were setback far enough from the street, other than the garage and storage shed mentioned by Mrs. Raivala. Commissioner Minton explained the Planning Commission is governed by very strict guidelines in granting variances, and felt this request did not meet the criteria. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND DENIAL OF THE VARIANCE REQUEST BY JIM AND KATHLEEN RAIVALA, PUBLIC HEARING CASE NO. V 96-1, BASED ON THE INFORMATION IN STAFF'S REPORT TO THE PLANNING COMMISSION AND THE PUBLIC HEARING. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 4-0. ,.. Staff report by Steve Ach. The applicants are requesting a rezoning from R1 c (Single Family Residential) to C4 (Neighborhood Commercial). This request was originally part of a two-part application made in 1994. The comprehensive land use plan amendment was approved. The second part of the application, the rezoning, was deferred until the frontage road was defined, and until consideration could be given to the creation of a new, less intense commercial zoning district. Now that the ordinance has been adopted along with the frontage road alignment defined, the rezoning request is now brought back to the Planning Commission for consideration. Staff recommends approval of the request based on the findings listed in the staff report. Tom Hartman, 18675 Macon Street, applicant, stated he was in agreement with staff's recommendation and findings. Chair Dillon opened the public hearing. There being no comments from the public, Chair Dillon closed the public hearing. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY TOM AND SARA HARTMAN/GUARDIAN ANGELS OF ELK RIVER, INC., FOR A REZONING FROM RIC (SINGLE FAMILY RESIDENTIAL) TO C4 (NEIGHBORHOOD COMMERCIAL), BASED ON THE INFORMATION IN THE STAFF REPORT, THE FACT THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING, AND BASED ON THE FOLLOWING FINDINGS: 1. THE PROPOSED FRONTAGE ROAD CREATES A NATURAL AREA THAT WOULD BE BEST USED AS COMMERCIAL. 2. CHANGE TO A NEIGHBORHOOD COMMERCIAL ZONING DESIGNATION WILL NOT HAVE A DETRIMENTAL EFFECT ON THE SURROUNDING PROPERTIES. 3. WITH THE CONSTRUCTION OF A FRONTAGE ROAD, CONDITIONS WILL CHANGE TO WARRANT A CHANGE IN ZONING. Planning Commission Minutes February 27, 1996 Page 4 . 4. ESTABLISHING A COMMERCIAL ZONING AT A SIGNALIZED INTERSECTION IS A REASONABLE AND LOGICAL LAND USE DETERMINATION. 5. CHANGE IN ZONING IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN MAP THAT WAS RECENTLY UPDATED AS PART OF THE COMPREHENSIVE PLAN UPDATE. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. Staff report by Steve Ach. Rick Lund is requesting preliminary plat approval to subdivide approximately 23 acres into 44 single family lots. The property is located along the east side of County Road No.1 at the 196th Street alignment. The lots range in size from 10,000 square feet to 34,568 square feet. The overall density of the development is 1.9 units per acre. . Steve noted an agreement has been reached with Mr. Jim Nord to resolve access issues. Since there will be some tree removal in order to accomplish the street design, the developer will be required to preserve as many trees as possible. Steve explained that the developer has attempted to minimize the impact on both the existing home and the DNR stream as much as possible. It may be necessary in the future for the applicant to request a variance for the existing home, however. The Park and Recreation Commission has recommended park dedication fees be required on a "per lot" basis. Also, the Commission recommended a widened roadway at the intersection of County Road No. 1 to facilitate a striped shoulder from County Road No. 1 toward the east. This trail would connect Meadowvale Heights with the city trail, and possibly would act as a major east-west route. In addition, Steve noted that there are two corner lots shown on the plat that may need to be adjusted to meet minimum frontage standards. Discussion followed regarding the 3 lots shown on the plat with no access. Steve explained that these will be platted as an outlot, and replatted at some point in the future when the Nord property to the south is developed and access is obtained. Steve Johnston, Landform Engineering Company, (representing the developer), stated the development is proposed as an upscale neighborhood consisting of above-entry-Ievel homes. An agreement has been made with Mr. Nord to provide access so that a temporary access is no longer needed. Mr. Johnston explained the dilemma of trying to satisfy the DNR concerns regarding the stream, as well as the city's concern for the setback for the existing home. Chair Dillon opened the public hearing. . Jim Nord, adjacent property owner, questioned the number and location of the grading and utility easements and cul-de-sac mentioned in his letter, and the location of the city trail. Terry Maurer indicated the grading plan shows grading off the project site at the north end of three roads and the east end of another road leading out of the plat, as well as a storm sewer line proposed to fall on the Planning Commission Minutes February 27, 1996 Page 5 . property line between the Nord family property and this plat. Terry stated he is aware of an agreement for watering purposes, but that he mentioned these items in his memo so that they can be addressed before proceeding ahead after final plat to construction. The assurances would be necessary for the City to have the right to make those kinds of improvements. If not, the improvements would be kept within the plat itself. Steve explained the Park and Recreation Commission recommendation for the location of the trail. Steve noted that the City made an agreement with the Nords not to open up the trail until their property is developed. Mr. Nord asked if additional right-of-way would be needed beyond the 70 feet presently. Terry Maurer stated that the 70 feet would be adequate for the roadway trail. Dave Anderson, 14845 County Road 30, Park and Recreation Commission representative, noted Steve Ach's memo mentions a partly on road, partly off road trail. He felt an entirely on-road trail (widened paved surface) will work in this area. Dave added that a 50-75 foot width for a trail corridor is preferred. There being no further comments from the public, Chair Dillon closed the public hearing. . Discussion followed regarding the location of the existing home and stream. The Commission reached a consensus that the developer try to reach a compromise to satisfy both the City and the DNR, and that a variance would be justifiable if it is the only workable solution. Steve indicated a meeting would be scheduled with the DNR, the developer and City staff to address this issue. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND PRELIMINARY PLAT APPROVAL FOR NORDIC WOODS, AS REQUESTED BY RICK LUND, PUBLIC HEARING CASE NO. P 95-8, CITING THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING, WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPER'S AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS FOR PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS. 2. COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED 2/19/96, BE ADDRESSED AND INCORPORATED INTO REVISED PLAT. 3. RECOMMENDATIONS FROM THE PARK AND RECREATION COMMISSION BE INCORPORATED INTO APPROVAL FOR PRELIMINARY PLAT. 4. WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK RIVER UTILITIES PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. DEVELOPER SHOULD CHECK WITH ELK RIVER UTILITIES FOR ANY ADDITIONAL CHARGES RELATIVE TO WATER CONNECTION FEES. 5. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RECORDING THE PLAT WITH SHERBURNE COUNTY. . Planning Commission Minutes Page 6 February 27, 1996 ----------------------------------------- . 6. ALL OF THE APPROPRIATE APPROVALS BE RECEIVED FROM THE DNR REGARDING ANY IMPACT TO THE STREAM, PRIOR TO FINAL PLAT APPROVAL. 7. A TREE PRESERVATION PLAN BE SUBMITTED ALONG WITH THE GRADING PLAN FOR EACH PHASE OF THE DEVELOPMENT TO MAXIMIZE TREE PRESERVATION DURING CONSTRUCTION, AND THAT THE USE OF RETAINING WALLS AND OTHER APPROPRIATE METHODS BE UTILIZED TO PRESERVE AS MANY TREES AS POSSIBLE DURING THE CONSTRUCTION. 8. AN NPEDS PERMIT BE OBTAINED FOR THE GRADING ASSOCIATED WITH THIS DEVELOPMENT. 9. A DETAILED EROSION CONTROL PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER AND DEPARTMENT OF NATURAL RESOURCES, PRIOR TO COMMENCING GRADING ON SITE. 10. APPROPRIATE PERMITS BE OBTAINED FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT FOR ANY WORK DONE WITHIN THE COUNTY HIGHWAY RIGHT- OF-WAY. 11. PRIOR TO ISSUANCE OF ANY BUILDING PERMITS, A DEVELOPMENT PLAN BE SUBMITTED OUTLINING THE STYLE OF HOME AND FINISHED FLOOR ELEVATIONS AND APPROVED BY THE CITY ENGINEER. . 12. THE DEVELOPER REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH REVIEWING THIS PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING WITH THE COUNTY. 13. THE DEVELOPER PROVIDE A LETTER OF CREDIT TO THE CITY IN THE AMOUNT OF 100% THE COSTS ASSOCIATED WITH IMPROVEMENTS. 14. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25 PERCENT OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD. 15. LOTS 6 AND 7, BLOCK 1, BE DEVELOPED WITH A SHARED DRIVEWAY IN ORDER TO MINIMIZE IMPACTS TO THE DNR STREAM. 16. LOT 8, BLOCK 1, BE REQUIRED TO UTILIZE THE EXISTING DRIVEWAY AS ACCESS TO THE BUILDABLE PORTION OF THE LOT. 17. CONTROLLED ACCESS BE PROVIDED ON THE PLAT ALONG COUNTY ROAD NO.1. 18. TO HELP BUFFER THE HOMES FROM COUNTY ROAD NO.1, PARTICULARLY LOT 8, BLOCK 1, ADDITIONAL LANDSCAPING BE PROVIDED ALONG THE WESTERN LIMITS OF THE PLAT. 19. A VARIANCE APPLICATION BE SUBMITTED AND REVIEWED BY THE PLANNING . COMMISSION AND CITY COUNCIL FOR THE EXISTING HOUSE ON LOT 2, BLOCK 2. . . . Planning Commission Minutes February 27, 1996 Page 7 20. TREE PROTECTION PLANS ALONG WITH EACH BUILDING PERMIT BE SUBMITTED TO MAXIMIZE THE SAVING OF TREES DURING HOME CONSTRUCTION. 21. A WETLAND JOINT NOTIFICATION FORM BE COMPLETED AND RETURNED OT THE CITY. 22. THE CREEK BE MOVED AS FAR TO THE WEST AS ALLOWED BY THE DNR, WITH THE ROAD TO FOLLOW. 23. ALL CORNER LOTS MEET THE MINIMUM LOT WIDTH REQUIREMENT OF 100 FEET. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 4-0. .....................".............".."".................................................................................."..-....-.............-.-. ----------..........---..............---.......... . This item was withdrawn at the request of the applicant. Staff report by Steve Ach. Steve explained that the subject property is a 29 acre parcel located at the southeast corner of Highway 169 and 197th Avenue. The property is currently zoned R1e (Single Family Residential) and has a land use designation of MR (Medium Density Residential) and HB (Highway Business). Steve explained the four requests by Phoenix Enterprises. The preliminary plat involves ultimately four commercial lots, but this request is for one large lot approximately 11 acres in size, and four outlots. One of the outlots will be a drainage pond and the other three would be future commercial building sites. The development includes the extension of Evans Street from Sax Foods up to 197th, as well as some improvements to 197th from Evans west to Highway 169. The Park and Recreation Commission has recommended a 75' wide trail corridor which would extend over to the Hillside Estates area. All of the lots in the proposed plat exceed the minimum lot size in a PUD, which is .8 acres. The lots range in size from 2.5 acres to 11 acres. The concept plan shows the ultimate development of the PUD which would total approximately 250,000 square feet, with the largest user being Menards Planning Commission Minutes February 27, 1996 Page 8 . with 161,000 square feet. The other buildings proposed in the concept plan are 55,000 square feet, 20,000 square feet and 11,000 square feet, respectively. The development plan demonstrates how this property could be developed. The specific user for each of the proposed sites would need to come before the Planning Commission and City Council for site plan approval. steve reviewed the parking requirements, signage, and the impact road improvements would have on 2 property owners on the north side of 197th. He suggested the Commission may wish to discuss the number of free-standing signs proposed for the development. He felt the number of wall signs requested were appropriate, given the size of the project. Also, the two property owners just north of 197th would be left with no left turn access into their driveways, and would have to come up Evans. Commissioner Thompson asked what could be done about the driveway access problem for the two residents. Terry Maurer stated the proposed roadway design was the safest means of moving traffic through the area. He suggested the possibility of relocating the driveways for less confusion. He noted that the 197th and Highway 169 intersection would likely be signalized in the future. steve Ach explained the changes in elevation along Highway 169 from Sax Foods north to 197th Avenue. Chair Dillon opened the public hearing. . David Plude Jr., 11537 197th Avenue, asked if some other design could be used which would not impact his and his neighbor's driveways. He stated his family does make several left hand turns out of their driveway a day. Mr. Plude also asked who would be responsible for the cost to alter the driveways. Also, he asked if any research has been regarding expected traffic counts at this intersection when it develops. Commissioner Minton asked if u-turns would be possible at the end of the median. Terry Maurer felt projected traffic projections indicate this would not be a safe traffic movement. He suggested some type of joint driveway lining up at Evans may be a possible solution. Jerry Rau, 11519 197th Avenue, owner of property adjacent to Mr. Plude, expressed his concern regarding the impact of the proposed development on his property. He feels a traffic signal will be a necessity. Mr. Rau also is concerned that the unique wild life will be affected, noting there are scarlet tanegers, blue birds and deer in the immediate area. He has noticed an affect on the wildlife since the Sax Foods store was built. Mr. Rau feels it should be the responsibility of the developer to pay any costs associated with providing access to his and Mr. Plude's property. He felt the trees and pool in his yard would be affected by a common driveway. He also expressed concern for the speed on vehicles on 197th coming up to Highway 169. . Jeff Meyer, 11475 197th Avenue, questioned if the Specht home would be removed and what would happen to the Specht home and if the development could be accessed where the Specht access currently exists. Marly Glines, Planning Commission Minutes February 27, 1996 Page 9 . representing the developer, stated the home would be removed. Terry Maurer explained that an agreement was made with MnDOT some years back that the Specht access onto Highway 169 would be closed if and when the Specht property was no longer used as a residence. Mr. Meyer questioned if a fence would be placed around Menards like the one behind Sax. Steve Ach explained that a fence is proposed to extend north of Sax along the property limits and along the Menards property limits. Mr. Meyer stated he felt the speed limit should be changed on Highway 169 along the commercial area. There being no further comments from the public, Chair Dillon closed the public hearing. Land Use Amendment. Public Hearina Case No. LU 96-1 Steve Ach explained there are voids in the commercial area which are intended for residential, and also, residential areas which are intended for commercial. He explained the land use amendment is more of a "housekeeping" item to make the land uses consistent with the proposed zoning. Commissioner Minton asked if a 50 foot forested buffer would be maintained, as there was left behind Sax Foods. Rick Foster, developer of the project, stated they will carry on with what was done in the first addition, which was a 50 foot "no cut" strip. . COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY PHOENIX ENTERPRISES FOR A LAND USE AMENDMENT FOR THE SPECIFIED HB (HIGHWAY BUSINESS) AREAS TO MR (MEDIUM DENSITY RESIDENTIAL), AND FOR THE SPECIFIED AREAS THAT ARE MR TO HB. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. Zone Chanae to PUD, Public Hearina Case No. ZC 96-11 Chair Dillon stated he felt the signage should be consistent with the other PUD developments. Also, he expressed concern for the large number of trees proposed to be cut. He stated he would rather that excess dirt be hauled away rather than having to disturb the trees in order to equalize it. He suggested that a stand of trees be left along the entire northern stretch of the property. Also, Chair Dillon asked if the proposed shared driveway could be located on the right-of-way, so as not to take away from the residents' property. Discussion followed regarding the number of parking stalls for Menards. Marv Prochaska, representing Menards, stated 388 parking stalls are proposed. It was the consensus of the Planning Commission that the number of parking stalls be increased. . Commissioner Minton expressed his concern that the trees not be cut down and left in the same manner as was done in Hillside Crossing I. Rick Foster, developer, stated the reason he cut the trees down long before the site was developed was so that residential area would be aware the property was to be commercial. Marly Glines explained the areas where trees were proposed to be left. He stated that a commercial user would not want trees left between his site . . . Planning Commission Minutes February 27, 1996 Page 10 and Highway 169 which would limit his exposure. Marly felt a stop sign at Evans and 197th would help address the safety concerns. Terry Maurer stated that access and stop sign issues could be discussed and addressed before the City Council public hearing. steve Ach suggested that the use of retaining walls and other methods could be looked at to deal with the side slopes of the existing elevations in order to preserve larger areas of trees, and incorporate them in the berms and side slope areas. Commissioner Minton questioned how the expansion of Sax Foods would affect this plat. Marly explained that the plan is a concept and is not sure what would be going in to the south. He suggested there may be some sort of common drive. Marly noted that after the grading was completed, the site would be seeded, mulched and disc-anchored in order to ensure growth. Terry Maurer stated that more extreme measures would need to be taken in the northern area in order to ensure stabilizing of the site. Discussion regarding signage. It was the consensus of the Planning Commission that the development be limited to one free-standing development stand. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY PHOENIX ENTERPRISES FOR REZONING FROM R1E (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT), PUBLIC HEARING CASE NO. ZC 96-11. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. Preliminary Plat. Public Hearina Case No. P 96-1 COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY PHOENIX ENTERPRISES FOR PRELIMINARY PLAT APPROVAL, PUBLIC HEARING CASE NO. P 96-1, SUBJECT TO THE CONDITIONS AS STATED IN THE STAFF REPORT TO THE PLANNING COMMISSION, WITH THE FOLLOWING ADDITIONAL CONDITIONS: 18. A DESIGN BE WORKED OUT BETWEEN THE CITY ENGINEER, THE DEVELOPER AND THE TWO HOMEOWNERS DIRECTLY TO THE NORTH, TO ALLOW MORE DIRECT ACCESS TO THEIR HOMES. COSTS ASSOCIATED WITH THESE IMPROVEMENTS SHALL BE THE RESPONSIBILITY OF THE DEVELOPER. 19. MAINTAIN AS MANY TREES AS POSSIBLE BY USING RETAINING WALLS ON THE TWO NORTHERLY OUTLOTS, BAND D, LOCATED IN THE SOUTHWEST CORNER OF 197TH AND EVANS. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 4-0. Conditional Use Permit. Case No. CU 96-1 COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY PHOENIX ENTERPRISES FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 96-1, WITH THE CONDITIONS AS OUTLINED Planning Commission Minutes February 27, 1996 Page 11 . IN THE STAFF REPORT TO THE PLANNING COMMISSION, WITH THE FOLLOWING ADDITIONS: 13. A DESIGN BE WORKED OUT BETWEEN THE CITY ENGINEER, THE DEVELOPER AND THE TWO HOMEOWNERS DIRECTLY TO THE NORTH, TO ALLOW MORE DIRECT ACCESS TO THEIR HOMES. COSTS OF THE IMPROVEMENTS ASSOCIATED WITH THE NECESSARY DESIGN SHALL BE THE RESPONSIBILITY OF THE DEVELOPER. 14. MAINTAIN AS MANY TREES AS POSSIBLE ON OUTLOTS BAND D BY USING RETAINING WALLS AND MINIMIZE GRADING ACTIVITY. 15. THE PARKING AREA FOR THE MENARDS SHALL HAVE NO LESS THAN 410 STALLS. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. COMMISSIONER THOMPSON MOVED THAT THIS ITEM BE CONTINUED TO THE MARCH 26, 1996, PLANNING COMMISSION MEETING. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 4-0. . (..1.7. CitV..Clf..EIl<River..~~dt.lest..f8r..OrdiHanceAmendrl1ent...ISeCti8n...90()..j$.....s8B~dlJle afdimehsidHdIReQ6k:lfidhskG3,ltdbdI2LPUbIiCHe8fihadds@N810,.4"l9lW2} COMMISSIONER SULLIVAN MOVED TO CONTINUE THIS ITEM TO THE MARCH 26, 1996, PLANNING COMMISSION MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. Z.lg.q:ity~fElk~Ht~rR~~~~stf~r(J)~~ihc:lrl'?~1Xrrl~t1~~~ht(~~<.HI8~~()().18..Scm~dme dfDim ehsionCl I ReaulatidtiS"Rle, PtJbhC Hedrihd CaseNd. 0 A96H staff report by Steve Ach. The City of Elk River is requesting this ordinance amendment to change the dimensional regulations for urban residential (Rlc, Rld and Rle) zoning districts and add the previously adopted standards for the BP and C4 zoning districts. Adoption of the ordinance will clearly state the minimum lot size in these districts for both sewered and non-sewered conditions. In all the residential districts which were recently included in the urban service district, the minimum lot size with no water and sewer will be 10 acres with 300 feet of frontage. When water and sewer is available, property may be subdivided in accordance with the dimensional requirements outlined in each zoning district. Modification to Rle dimensional regulations will enable utilizing this zoning designation in appropriate areas, rather than creating a new district. In addition, the Business Park and Neighborhood Commercial dimensional regulations are being included in this schedule, as previously adopted. . Commissioner Minton questioned why there was no distinction between sewered and non-sewered in the commercial zoning districts. Steve suggested that an ordinance amendment could be proposed to make that distinction. Commissioner Minton questioned the maximum lot coverage regulation of 25% Planning Commission Minutes February 27, 1996 Page 12 . in the residential areas. Steve explained that this includes the out buildings, in addition to the single family home itself. Chair Dillon opened the public hearing. Darrell Klaus, 18434 Cleveland Street, questioned the benefit of limiting property owners from subdividing their land into less than 10 acres. Steve Ach explained that it would be difficult to extend utilities if the minimum lot size remained 2-1/2 acres. Mr. Klaus stated he was considering subdividing his property into 2-1/2 acre lots and would not be able to do so now. There being no other comments from the public, Chair Dillon closed the public hearing. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF ORDINANCE NO. 96-_, AMENDING THE SCHEDULE OF DIMENSIONAL REGULATIONS, PUBLIC HEARING CASE NO. OA 96-1. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 4-0. . Staff report by Scott Harlicker. The City of Elk River is initiating this rezoning so that the zoning will be consistent with the land use designation of MR (Medium Density Residential). The properties under consideration total approximately 1000 acres, located in an area bounded by County Road No. 13 to the north, County Road No. 12 to the south, Cleveland Street on the east and Tyler Street on the west. The surrounding land uses consist mainly of vacant land, farmland and homesteads, and scattered single family residences. Staff recommends approval of the rezoning based on the findings listed in the report to the Planning Commission. Chair Dillon opened the public hearing. Mark Parranto, Delta Development, also representing Mr. Weldon Schulz, explained they are interested in developing Mr. Schulz's property as a residential PUD as soon as water and sewer becomes available. Mr. Parranto expressed his opposition to the rezoning request, as well as Mr. Schultz's opposition. He also expressed their opposition to the proposed industrial rezoning for a portion of Mr. Schultz's property. Carol Turner, 18776 Cleveland, asked for clarification on how this rezoning will affect their property. Scott explained the rezoning would not allow them to subdivide their property into lot sizes less than 10 acres, until water and sewer is available. . Darrell Klaus, 18434 Cleveland, asked if the rezoning will devalue their property. Peter Beck explained that generally, smaller minimum lot sizes will increase the value of property, since more lots can be created from a parcel of property. Peter Beck further explained how the urban service district was determined. Mr. Klaus asked when sewer and water will be extended and how he would be Planning Commission Minutes February 27, 1996 Page 13 . notified. Peter explained that it will likely be development-driven, rather than initiated by the City, and that affected property owners will be contacted by a mailed notice if an assessment is proposed. Commissioner Minton explained the reasoning for the industrial rezoning proposed to be discussed in Item 7.10. There being no further comments, Chair Dillon closed the public hearing. COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE CITY OF ELK RIVER REQUEST FOR REZONING FROM R1A TO RlE (AREA #7), PUBLIC HEARING CASE NO. ZC 96-5, BASED ON THE FOLLOWING: 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 MINTON SECONDED THE MOTION. THE MOTION CARRIED 4-0. . Staff report by Scott Harlicker. The City of Elk River is requesting a rezoning from R1c (Single Family Residential) to 11 (Light Industrial). The subject property consists of approximately 160 acres, north of County Road No. 12, south and east of County Road No. 13, and west of the Tyler Street alignment. Land uses in this area include farms and vacant land, single family homes and a light industrial facility. The City has initiated this request so that the zoning would be consistent with the recent land use change from MR (Medium Density Residential) to LI (Light Industrial). Staff recommends approval of the request based on the findings in the staff report to the Planning Commission. Chair Dillon opened the public hearing. . Mark Parranto of Delta Development, expressed opposition to the proposed rezoning. Mr. Parranto explained Mr. Schulz owns 80 acres in the area proposed to be rezoned to industrial, which they proposed to include in their residential PUD development. Mr. Parranto also pointed out that it appears the rezoning is in direct conflict with the City's Comprehensive Plan, relating to land use and transportation for an industrial area. He stated half of the 80 acre parcel is useless as an industrial site because it is a wetland. Mr. Parranto stated the transportation system does not complement an industrial development, as County Road 12 is in no condition to handle semi truck traffic. Mr. Parranto stated that a developer could not afford to pay for the extension of sewer and water in order to develop the proposed industrial area because so much of the property is wetland. Mr. Parranto concluded by stating that he intends to come Planning Commission Minutes February 27, 1996 Page 14 . before the Planning Commission and City Council with a proposal for an residential development, which is in direct conflict with the rezoning being proposed. There being no further comment from the public, Chair Dillon closed the public hearing. Chair Dillon asked if Mr. Parranto and Mr. Schulz could petition for a rezoning for a residential use. Peter Beck explained that a land use amendment and rezoning would be needed. Commissioner Minton explained the history of this rezoning request. He also explained the tax relief industrial uses provide as opposed to residential uses. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REZONING FROM R1C (SINGLE FAMILY RESIDENTIAL) TO 11 (LIGHT INDUSTRIAL) (AREA #8),BASED ON THE FOLLOWING FINDINGS: 1. THE PROPOSED REZONING IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF LI (LIGHT INDUSTRIAL). 2. THE PROPOSED REZONING IS COMPATIBLE WITH THE ADJACENT LAND USES AND ZONING. 3. THE PROPOSED REZONING IS CONSISTENT WITH THE CONCEPT OF PROVIDING INDUSTRIAL LAND WITHIN THE URBAN SERVICE AREA. . COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. Mr. Parranto stated he would suggest that if the Planning Commission and City Council believe the best use of the property is industrial, the City should buy the property and develop the industrial park, because no one else will be able to pay $600,000 to extend the utilities. Mr. Parranto further stated that unless the City is willing to discuss purchasing the property, they intent to oppose the rezoning in any way they can. Chair Dillon stated that Mr. Parranto has the option of coming back with a land use and rezoning request. Mr. Parranto stated that zone changes tend to become cast in stone. Peter Beck explained the land use has already been changed to industrial and the rezoning request is to bring the use in compliance. Staff report by Scott Harlicker. The City of Elk River is initiating this rezoning for approximately 80 acres, bounded by 1 77th A venue alignment on the north, 173rd Avenue on the south, Burlington Northern Railroad tracks on the west and Tyler Street alignment on the east. The land uses are primarily vacant land and farm land, with two residences located in this area. Staff recommends approval of the rezoning based on the findings in the staff report. . Chair Dillon opened the public hearing. , Planning Commission Minutes February 27, 1996 Page 15 . Commissioner Minton asked Mr. and Mrs. Brown, affected property owners, if they were satisfied with the rezoning. The Browns stated they had no problem with the rezoning. Commissioner Minton noted that it appears their property would be one of the first to be affected if sewer and water were extended. There being no comments from the public, Chair Dillon closed the public hearing. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REZONING REQUEST BY THE CITY OF ELK RIVER FROM R1A (SINGLE FAMILY RESIDENTIAL) TO R1 E (SINGLE FAMILY RESIDENTIAL) (AREA #10), PUBLIC HEARING CASE NO. ZC 96-7, BASED ON THE FOLLOWING FINDINGS: 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 THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. . 7.12. City of Elk River Request for Zone Chanae from R1a to R1 e) {Area #101. Public Hearina Case No. ZC 96-8 Staff report by Scott Harlicker. The City of Elk River is initiating this rezoning from R 1 a (Single Family Residential) to R 1 e (Single Family Residential), in order to bring the zoning in conformance with the recent change in land use. The property under consideration consists of approximately 180 acres, bounded on the north by 167th A venue, the Oliver Kelley Farm on the south, the Mississippi River on the west and a line 300 feet west of Highway lOon the east. The subject property is part of the Specht farm. Staff recommends approval of the rezoning based on the findings found in the staff report to the Planning Commission. Chair Dillon opened the public hearing. Kathy Specht, 16330 Highway 10, asked whose idea it was to rezone her family's property. Scott stated the request is being made by the City of Elk River, in order to bring the zoning in compliance with the recent land use change. Kathy Specht stated she wanted the name of the person that started this issue. Commissioner Minton stated that the recommendation was brought forward by the Steering Committee, which was then in turn approved by the Planning Commission and City Council. She expressed her opposition from the zoning being changed from what it is today. Chair Dillon stated that this change will not allow minimum lot sizes smaller than 10 acres and that if the property is never sold or developed, nothing will change. . There being no other comments from the public, Chair Dillon closed the public hearing. Planning Commission Minutes February 27, 1996 Page 16 . Commissioner Minton questioned how the park area discussed by the Steering Committee will be preserved. Steve Ach stated the Master Park Plan identifies a linear green space along the river. Discussion followed regarding the open space designation near the Kelley Farm. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REZONING REQUEST BY THE CITY OF ELK RIVER FROM R1A (SINGLE FAMILY RESIDENTIAL) TO RlE (SINGLE FAMILY RESIDENTIAL), PUBLIC HEARING CASE NO. ZC 96-8, BASED ON THE FOLLOWING FINDINGS: 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 SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 4-0. . Staff report by Scott Harlicker. The City of Elk River has requested this rezoning from Rl a to BP for approximately 35 acres, bounded by 167th Avenue on the north, the Oliver Kelley Farm on the south, Highway lOon the east and a line approximately 300 feet west of Highway lOon the west. Staff recommends approval of the request based on the findings in the staff report. Chair Dillon opened the public hearing. Kathy Specht, 16330 Highway 10, asked whose idea this one was. Steve Ach stated the recommendation was originally made by the Steering Committee. Kathy Specht questioned what will happen if there is no development. Chair Dillon stated that nothing would change. There being no other comments from the public, Chair Dillon closed the public hearing. Further discussion of the open space near the Kelley Farm followed. It was the consensus that the issue can be addressed to preserve the open space, if and when a development proposal is brought forward. . COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE CITY OF ELK RIVER REQUEST FOR REZONING FROM R1A (SINGLE FAMILY RESIDENTIAL) AND C3 (HIGHWAY 10) TO BP (BUSINESS PARK), PUBLIC HEARING CASE NO. ZC 96-9, BASED ON THE FOLLOWING FINDINGS: . . . Planning Commission Minutes February 27, 1996 Page 17 1. THE PROPOSED REZONING IS CONSISTENT WITH THE COMPREHENSIVE LAND COMMERCIAL). USE PLAN DESIGNATION OF LI (LIGHT INDUSTRIAL) AND CC (COMMUNITY 2. THE PROPOSED REZONING IS COMPATIBLE WITH THE ADJACENT LAND USES AND ZONING. 3. THE PROPOSED REZONING IS CONSISTENT WITH THE RECENT EXPANSION OF THE URBAN SERVICE AREA AND THE CONCEPT OF PROVIDING BUSINESS PARK LAND WITHIN THE URBAN SERVICE AREA. 7.15. City of Elk River Request for Ordinance Amendment I Moratorium on Pawn Shops), Public Hearinq Case No. OA 96-3 Staff report by Scott Harlicker. The City of Elk River is requesting an ordinance amendment establishing a moratorium on the establishing of pawn shops or the licensing of pawnbrokers. The intent of the moratorium is to allow the City opportunity to review the existing pawn shop ordinance and licensing requirements. Staff recommends approval of the ordinance amendment as outlined in the attached ordinance. COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE CITY OF ELK RIVER REQUEST FOR AN ORDINANCE AMENDMENT, PUBLIC HEARING CASE NO. OA 96-3, ESTABLISHING A MORATORIUM ON PAWN SHOPS AND LICENSING OF PAWNBROKERS. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. There being no further business, COMMISSIONER SULLIVAN MOVED TO ADJOURN THE MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the Elk River Planning Commission adjourned at 11: 15 p.m. Respectfully submitted, ~'~ Debbie Kleckner Planning Secretary