07-23-1996 PC MIN
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MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY, JULY 23,1996
Members Present:
Chair Thompson, Commissioners Minton, Sullivan, Tacheny,
Kuester, and Anderson
Members Absent:
None
Staff Present:
Steven B. Ach, City Planner; Scott Harlicker, Assistant Planner;
Kendra Lindahl, Zoning Assistant; Stephen Rohlf, Building and
Zoning Administrator; Debbie Kleckner, Recording Secretary
Pursuant to due call and notice thereof, the meeting of the Elk River Planning
Commission was called to order at 7:00 p.m. by Chair Thompson.
COMMISSIONER MINTON MOVED TO APPROVE THE JULY 23, 1996 PLANNING
COMMISSION AGENDA AS FOLLOWS:
3.A. MINUTES OF THE JULY 16, 1996, PLANNING WORKSHOP MEETING
COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 6-0.
COMMISSIONER SULLIVAN MOVED TO APPROVE THE MINUTES OF THE JUNE 25,
1996, PLANNING COMMISSION MEETING WITH THE FOLLOWING AMENDMENTS:
PAGE 1 - APPROVAL OF MINUTES, SHOULD BE 6-0 VOTE
PAGE 3, ITEM 5.4. - CHANGE WORD "FACTION" TO "FACT"
PAGE 11 - FILL IN BLANK WITH CHAIR DILLON'S NAME
PAGE 9. ITEM 10. - ADD CONDITION THAT SIGNAGE BE REMOVED ON THE
AWNINGS OVER PICKUP WINDOWS FOR THE ARBY'S RESTAURANT
COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 6-0.
COMMISSIONER MINTON MOVED TO APPROVE THE MINUTES OF THE JULY 16, 1996,
PLANNING COMMISSION WORKSHOP. COMMISSIONER SULLLlVAN SECONDED THE
MOTION 6-0.
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Planning Commission Minutes
July 23, 1996
Page 2
Commissioner Tacheny will attend the July 29,1996, and the August 19,1996 City
Council Meeting.
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Staff report by Kendra Lindahl. Jerry Kunza is requesting a 25 foot front yard
setback variance and a 10 foot side yard variance to construct a storage
building on his property located at 10313 Twin Lakes Road. In addition, a 20 sq.
ft. accessory structure area variance is requested. Kendra provided a video
taping of the site, illustrating how the applicant is limited to where the storage
building may be placed. She noted that the existing yard barn will need to
relocate to the rear of the site in order to construct the proposed storage
building. Staff recommends approval of the variance, with the exception of the
structure area variance, based on the findings and conditions stated in the
report to the Planning Commission.
Jerry Kunza, applicant, indicated the proposed 36' x 45' building is a standard
size Morton building and it will cost extra to reduce the size in order to meet the
1,600 sq. ft. maximum.
Chair Thompson opened the public hearing.
Pat Holzem, 19049 Davis street, indicated he farms the Schuelke's land and his
concern is that Mr. Kunza does not fill the site to the degree that it would affect
the use of his farming equipment. Mr. Kunza stated that the site would be filled
to raise the elevation 1-2 feet in the front of the building and 8 feet in the back
of the building.
Commissioner Minton questioned what the additional cost would be to reduce
the size of the building. Mr. Kunza stated the cost would be approximately $100.
There being no further comments from the public, Chair Thompson closed the
public hearing.
COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE FRONT AND SIDE YARD VARIANCE REQUESTS BY JERRY KUNZA,
PUBLIC HEARING CASE NO. V 96-8, BASED ON THE STAFF RECOMMENDATION
WHICH INCLUDES THE FOLLOWING:
FINDINGS:
1. THE LITERAL ENFORCEMENT OF THE ORDINANCE SETBACK REQUIREMENTS
WOULD CAUSE UNDUE HARDSHIP BECAUSE THE APPLICANT WOULD NOT BE
ABLE TO MEET SETBACKS FOR THE POLE BUILDING WITHOUT ADDING A
SIGNIFICANT AMOUNT OF FILL OR CUTTING DOWN MATURE OAK TREES.
2.
THAT THE HARDSHIP CAUSED BY THE TOPOGRAPHY OF THE SITE, WHICH
MAKES IT DIFFICULT TO CONTRACT A BUILDING AT THE SETBACK LINE, DUE
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Planning Commission Minutes
July 23, 1996
Page 3
TO THE DROP-OFF, WHICH WOULD REQUIRE EXTENSIVE FILL AND THE LOSS
OF SEVERAL MATURE TREES.
3.
THAT THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A
CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION, BUT
RATHER A RESULT OF THE TOPOGRAPHY OF THE SITE.
4.
THAT THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE
HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR THE
NEIGHBORHOOD WHEREIN THE PROPERTY IS SITUATED AND WILL BE IN
KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE.
CONDITIONS:
1. THAT THE PROPOSED POLE BARN DOES NOT EXCEED 1,600 SQUARE FEET, IN
ORDER TO COMPLY WITH THE MAXIMUM ACCESSORY STRUCTURE AREA
ALLOWED IN THIS ZONING DISTRICT.
2. 'THE PROPOSED POLE BARN WILL BE MOVED AS FAR SOUTH AS POSSIBLE
WITHOUT REQUIRING CUTTING DOWN THE MATURE TREES LOCATED ON THE
PROPERTY.
3. THE EXISTING YARD BARN AND DOG KENNEL WILL BE MOVED TO THE REAR
OF THE PROPERTY AND BOTH WILL BE REQUIRED TO MEET ALL SETBACKS.
COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
staff report by Scott Harlicker. DJ's Total Home Care Center, 9940 Highway 10, is
requesting a conditional use permit to construct a second principle structure to
be used as a storage building and variances for the following:
. The exterior of the proposed storage building to be painted metal
. To allow pavement within 10 feet of the east and west property lines
. Temporary bituminous curbing
. No curbing in the rear of the existing building
Scott provided background information on the site and described the existing
conditions. The applicant has indicated he has plans for future expansion on
the adjacent lot and the proposed building will be incorporated into those
expansion plans. Staff suggested that the applicant consider combining the lots
at this time and come up with a design that would not require the variances.
Staff recommends denial of the variances because the request does not meet
the five findings necessary for granting a variance, as outlined in the staff report.
Staff would recommend approval of the variance to allow the curbing and
asphalt. and asphalt curbing on a temporary basis providing it was removed
when future expansion occurs. Staff recommends approval of the conditional
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Planning Commission Minutes
July 23, 1996
Page 4
use permit based on the findings in the staff report with the 10 conditions as
outlined in the report.
Scott stated the applicant is willing to provide an architecturally treated exterior
siding for the building but has not provided any information or samples to staff.
Commissioner Sullivan stated she would like the plans to show plans for future
parking .
Commissioner Anderson questioned what kind of storage would be placed in
the building.
Don Savinski, owner of OJ's, indicated they will use the building to store furnaces
and air conditions. He stated that he does not yet own the property adjacent
to the site so therefore, he is not able to combine the lots at this time. Mr.
Savinski described the condition of the existing site.
Chair Thompson questioned Mr. Savinski's intentions for the exterior of the
building. Mr. Savinski indicated that the building will be metal with painted sides
and a painted roof. He stated he was willing to provide samples for staff.
Commissioner Minton questioned if it would be possible to work out an
agreement with the property owner to the west to use his driveway to access
the proposed storage building. Mr. Savinski stated the driveway is a dirt
driveway. Commissioner Anderson questioned what type of trucks would be
using the driveway. The applicant indicated that it will be mostly pickups and
some 1 ton trucks, similar to the size of a bread truck.
Chair Thompson opened the public hearing. There being no comments from
the public, Chair Thompson closed the public hearing.
Commissioner Anderson suggested that this request be postponed until more
information is available.
Steve Ach suggested the Planning Commission provide staff with some direction
for dealing with the variance issues.
Commissioner Sullivan questioned how the city can ensure that allowing
temporary conditions such as asphalt curbing, do not become permanent.
Steve Ach noted that it can be difficult to enforce "temporary". Steve indicated
this area is being considered for rezoning, and if the rezoning did occur, curbing
would only be required for the front of the building. The metal building would
have to comply with industrial standards and not commercial standards.
Discussion followed regarding access issues and whether or not to allow
temporary improvements.
Commissioner Kuester felt that more information is needed to address this
request including information on the building exterior and a grading plan.
COMMISSIONER ANDERSON MOVED THE PLANNING COMMISSION POSTPONE THE
REQUEST BY OJ'S TOTAL HOME CARE CENTER FOR A VARIANCE, PUBLIC HEARING
Planning Commission Minutes
July 23, 1996
Page 5
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CASE NO. V 996-9 AND A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO.
CU 96-12, UNTIL FURTHER INFORMATION IS PROVIDED REGARDING ACCESS,
LANDSCAPING, AND GRADING. COMMISSIONER KUESTER SECONDED THE
MOTION. THE MOTION CARRIED 6-0.
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staff report by Scott Harlicker. Bridgeland Development Company is requesting
preliminary plat approval to subdivide approximately 80 acres located west of
Filmore Street at the 1 78th Street alignment, into 24 single family residential lots.
15 lots are included in the Shoreline Management zone and will require a 200
foot lot width. The lots range in size from 2,51 acres to 4.84 acres. Lots 1, 13 and
24 are impacted by a 150 ft. UPA power line easement. Lot 24 will need to be
widened to allow adequate buildable area. A letter has been received from
UPA stating it is acceptable for homes to be built in close proximity to the
transmission line easement, as well as allowing septic systems within the
easement. There is an existing home on what will be lot 22 and the structure on
Lot 9 will be incorporated as part of the house which will be built on the lot.
Construction of the road and homes will be far enough away from existing
wetlands so that the wetlands will not be impacted. Drainage and utility
easements will be secured so that wetlands and drainage areas will remain
undisturbed. Scott suggested the Planning Commission consider the possibility
of allowing right of way for connecting the property to the 80 acre site to the
south. Staff recommends approval of the plat with the conditions as outlined in
the staff report.
Peter Knaeble, Terra Engineering, indicated the developer is willing to accept all
the conditions with the exception of the right of way for a future road
connection, stating it was not feasible due to the topography and heavy tree
line.
Neal Krzyzaniak, developer representing Bridgeland Development Co.,
expressed his concern for the developer's costs associated with the right of way,
Also, one of the sellers is building a home in the area suggested and has stated
he will not sell the land to them if a road is put in next to his lot.
Terry Maurer stated he did not feel there was a good location for a connecting
road, due to the topography.
Discussion followed regarding a future connection to the north of the plat.
Chair Thompson opened the public hearing.
Gordon Mire, 17753 Fillmore Street, stated he did not want to see the wetlands
filled.
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Pat Holzem, 19049 Davis Street, stated that he was concerned that the northern
area be returned to its natural grade if the culvert is removed. The developer
stated that it would.
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Planning Commission Minutes
July 23, 1996
Page 6
Dana Anderson, Park and Recreation Commission Chair, stated the Park and
Recreation Commission has requested an 8 foot right of way be required along
Filmore Street only and not the proposed right of way. Terry Maurer stated that
there should be adequate right of way for the pathway, but if not, the
additional right of way will be secured from the developer.
There being no further comments from the public, Chair Thompson closed the
public hearing.
COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE REQUEST BY BRIDGELAND DEVELOPMENT CO. FOR PRELIMINARY
PLAT APPROVAL FOR EAGLE RIDGE ESTATES, PUBLIC HEARING CASE NO. P 96-7,
WITH THE FOLLOWING CONDITIONS:
1. A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND
CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF
IMPROVEMENTS.
2. ALL OF THE COMMENTS IN THE CITY ENGINEER'S MEMO DATED /96 BE
INCORPORATED INTO THE REVISED PRELIMINARY PLAT AND MADE A
CONDITION OF THIS APPROVAL.
3. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF
THE COSTS OF THE PUBLIC IMPROVEMENTS.
4.
UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM
ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25 % OF
THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE
YEAR PERIOD.
5. SURFACE WATER MANAGEMENT FEE IN THE AN AMOUNT REQUIRED BY THE
CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RECORDING THE PLAT
WITH SHERBURNE COUNTY.
6. ALL WETLANDS ON THE SITE BE DELINEATED AND A WETLAND JOINT
NOTIFICATION FORM BE COMPLETED AND FILED.
7. AN NPEDS PERMIT BE OBTAINED FOR THE GRADING ASSOCIATED WITH THIS
DEVELOPMENT.
8. PARK DEDICATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME
OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
9. A SEALCOAT FEE, IN THE AMOUNT TO BE DETERMINED BY THE CITY
ENGINEER, TO BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
10. STREET LIGHTS SHALL BE INCLUDED AS PART OF THE IMPROVEMENTS FOR THE
SUBDIVISION. ELK RIVER UTILITIES HAS RECOMMENDED FOUR STREET LIGHTS
FOR THIS PROJECT.
11.
A GRADING/EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE
SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE
OF BUILDING PERMITS.
Planning Commission Minutes
July 23, 1996
Page 7
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12.
THE GRADING FOR THE DEVELOPMENT WILL NEED TO BE CERTIFIED PRIOR TO
ISSUANCE OF BUILDING PERMITS.
13. A LANDSCAPING PLAN WITH SPECIES AND SIZE, WHICH INCLUDES A
LANDSCAPED SCREEN ALONG FILMORE STREET, BE PROVIDED AND
APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING.
14. FRONT YARD TREES BE PROVIDED THROUGHOUT THE DEVELOPMENT AS
SETFORTH IN THE CITY ORDINANCE. THESE FRONT YARD TREES SHOULD BE
ILLUSTRATED ON THE SUBMITTED LANDSCAPING PLAN
15. LOT 24 BE WIDENED TO ALLOW FOR A LARGER BUILDABLE AREA WITHOUT
ENCROACHING ON THE UPA EASEMENT.
16. SOIL BORINGS FOR EACH LOT BE PROVIDED PRIOR TO RELEASING THE FINAL
PLAT FOR RECORDING.
17. THE CONDITION OF THE TWO EXISTING SEPTIC SYSTEM SHALL BE ASSESSED
AND UPGRADED IF NECESSARY.
COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
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staff report by steve Ach. Derrick Investment Co. has made the following
requests for property located at the northwest corner of Highland Road and
Jackson Avenue:
. Rezoning of approximately 14 acres from Rlc (Single Family Residential to
PUD (Planned Unit Development).
. Preliminary plat request to subdivide approximately 1 7 acres into 11 single
family lots and 14 townhouse lots.
. A conditional use permit request for site plan review of a proposed
townhouse project as a planned unit development.
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4 single family lots will be located north of Highland Road and 7 will be on the
south side of 193rd Avenue. The 14 townhouse buildings will eventually be
replatted as condominiums for individual ownership, with 4 units per building.
The Park and Recreation Commission has recommended a sidewalk be placed
on the north side of Highland Road along the length of the PUD. Staff also
recommends a sidewalk be placed along the main road in the development.
In addition, staff is requesting concrete curb and gutter be placed on the main
road as well as the secondary roads to each of the units. Staff feels this will help
facilitate proper drainage, as well as define the driveway and landscaped
areas. Also, a monument style sign and enhancement of the landscaping at the
Planning Commission Minutes
July 23, 1996
Page 8
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entrance is recommended. Staff recommends approval of the three requests
based on the findings and conditions stated in the report to the Planning
Commission.
Roger Derrick, representing Cottage Homesteads of America, explained that 95%
of their home buyers come from owning a single family home, and 90% of the
buyers live within a 3 mile radius. There are five floor plans available for the one-
level townhouse. The base price of the townhouse includes "top of the line"
carpeting, flooring, cabinets and appliances with two baths, two-car garage
and formal dining room. There will be a centrally located club house with an
activity center and mailboxes for all the residents will be located there. Mr.
Derrick stated the buyers have the option of a repurchase program which 75%
of buyers utilize. Under this program, buyers receive a discount on the purchase
price, and if and when they decide to sell, Cottage Homesteads will repurchase
the townhouse for the original selling price. Mr. Derrick noted the townhouse
development is limited to residents 55 years and older. The monthly association
fee is $150 which includes approximately $90 for normal maintenance, $30 for
the club house and $30 set aside in a reserve fund for future costs that may
arise. Maintenance of the buildings, streets, sidewalks, landscaping, appliances,
heating and air conditioning systems, snow removal and garbage and recycling
services are included in the association fees.
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Mr. Derrick stated his does not support the request for concrete curb and gutter
in the areas leading to the private drives, as suggested by Steve Ach. He also
expressed an objection to the sidewalks, stating that they are difficult to
maintain and would not be used enough to justify the cost. Mr. Derrick stated
he was not in favor of taking out the four single family residential lots and
incorporating them into the townhouse project, due to the loss of profit the
developer would suffer. Mr. Derrick felt there would be no problem to resolve
the issue of the nonconforming lot frontage for the single family lot on Highland.
Discussion followed regarding the trees to be removed from the site. Steve
estimated approximately three-quarters of the existing trees would be taken out.
Dana Anderson, Park and Recreation Commission Chair, stated the Park and
Recreation Commission's greatest concern is safe linear pedestrian movement
from Jackson to Salk Junior High School along Highland Road. Dana suggested
that the City consider realigning Highland Road to meet with Freeport at
Jackson and establish a sidewalk along the entire street. He added that the
Commission supports saving as many trees as possible.
Commissioner Minton stated that realignment of Highland was suggested during
the Steering Committee meetings, but felt it was too late to be changing the
street at this point. He noted it would be difficult to put a sidewalk along
Highland where there are established homes, but that it may be necessary in the
future due to increased traffic.
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Commissioner Sullivan questioned what the density would be if the property
were rezoned versus if it remained R1 c. Steve Ach explained that the PUD would
have a density of 56 townhouse units plus 11 single family lots, and if it were to
remain single family residential the density would be 42 lots.
Planning Commission Minutes
July 23, 1996
Page 9
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Chair Thompson asked that a letter from Gerald and Donna Louden, 11837
193rd Avenue NW, be included in the official record of the July 23 Planning
Commission meeting, stating their objection to the proposed rezoning.
Chair Thompson opened the public hearing.
Harold Gramstad, 19342 King Circle, asked if the development would be served
by city water and sewer, and whether or not it would extend north of 193rd
A venue. Steve Ach explained that only the proposed development would be
hooked up to city services. Mr. Gramstad expressed concern that drainage
currently flowing to the site be addressed. He also feels the additional traffic
from the development will cause even greater backups on 193rd.
Ted Height, 11829 Highland Road, stated that he lives next to the proposed
development. He expressed concern for the loss of urban forest area, the affect
on his property value and the size of the single family homes proposed to be
located next to his property.
Ellie Kretsch, 11865 193rd Avenue NW, stated she lives directly across the street
from the neighborhood park. She feels there should be a buffer between the
park and the proposed project. She also expressed concern for the increased
density the rezoning would allow, and increased traffic on Highland Road.
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Roy Friendshuh, 19378 King Circle, stated he liked the plan and his only concern
is that the drainage be adequately handled.
There being no further comments from the public, Chair Thompson closed the
public hearing.
Discussion followed regarding drainage in the northwest portion of the subject
property. Terry Maurer explained a pond could be maintained and water could
be metered out of it, or the area could be filled and let all the water drain down
to the storm sewer. Steve Ach questioned the grading for the units located near
the western property line. John Johnson, engineer for the project, explained
they propose to allow all the drainage from this area will be collected and
taken out to the street and captured in the storm sewer and piped down to the
pond in the southeast part of the project. The pond has been designed to
handle the runoff from the entire project. Also, the 100 year flood level drainage
will be taken care of by a catch basin on the corner of Jackson Road and
Highland Road, which is the lowest point in the city's drainage system that they
can connect to at this time. Five of the western units have been designed for a
walk-out option. If they are not built as walk-outs, the grade will be moved 10
feet to the west where the foundation will be covered. Mr. Johnson pointed out
an area which currently does not have an outlet since the low point is below the
catch basin elevation. The present design they are working with captures all of
the site's drainage with the exception of the western edge. Approximately 1/3
of this area drains into the park and it would be captures and taken into the
storm system so that it may be piped down into the pond.
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Planning Commission Minutes
July 23, 1996
Page 10
Further discussion followed regarding drainage in the northern portion of the
property and routing to the culvert in this area.
Commissioner Minton asked what the plans were for buffering the single family
residential and park area from the PUD. Steve Ach indicated the proposed
plans do not illustrate much of a buffer; however, additional landscaping should
be considered for these areas.
In response to comments regarding increased traffic on Highland, Terry Maurer
stated he did not feel the traffic will not be increased significantly by this
development, especially given the type of development. He agreed it is best
not to have a street connection within the PUD to the north.
Discussion followed regarding the preservation of trees. Steve Ach stated that
roughly 3/4 of the existing trees will be removed. Staff has suggested the
possibility of requiring the proposed four single family lots located along
Highland Road be incorporated into the PUD and remain open space as well as
shifting the townhouse units to maximize the amount of green space.
COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE REZONING REQUEST BY DERRICK INVESTMENT CO. TO REZONE
13 ACRES FROM R1C (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT
DEVELOPMENT), PUBLIC HEARING CASE NO. ZC 96-14, BASED ON THE FOLLOWING
FINDINGS:
THE DENSITY OF THE TOWNHOUSE PROJECT IS CONSISTENT WITH THE
CURRENT LAND USE DESIGNATION OF MR (MEDIUM DENSITY RESIDENTIAL).
2. THE PROJECT IS SERVED BY A COLLECTION ROADWAY AND CAN SUPPORT
THE ANTICIPATED TRAFFIC GENERATED BY THE PROJECT.
1.
3. THE REZONING IS A LOGICAL TRANSITION IN LAND USE BETWEEN HIGHWAY
COMMERCIAL TO THE EAST AND MULTI-FAMILY TO THE SOUTH.
4. THE EXISTING INFRASTRUCTURE IS SIZED ACCORDINGLY TO SERVICE THE
PROPERTY.
AND, WITH THE PROVISION THAT THE FRONTAGE FOR THE LOT ALONG HIGHLAND
ROAD WHICH IS ADJACENT TO THE ENTRANCE TO THE PUD BE EXPANDED TO 100
FEET TO MEET CITY STANDARDS. COMMISSIONER KUESTER SECONDED THE MOTION.
THE MOTION CARRIED 6-0.
COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE PRELIMINARY PLAT REQUEST BY DERRICK INVESTMENT CORP. TO
SUBDIVIDE 13 ACRES INTO 11 SINGLE FAMILY LOTS AND 14 TOWNHOUSE LOTS,
PUBLIC HEARING CASE NO. P 96-9, WITH THE FOLLOWING CONDITIONS:
1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO
RELEASING THE FINAL PLAT FOR RECORDING.
2.
A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED.
Planning Commission Minutes
July 23, 1996
Page 11
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ALL COMMENTS OUTLINED IN TERRY MAURER'S MEMO DATED JULY 17,1996,
BE INCORPORATED INTO THE PLAT FOR APPROVAL.
APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE PROVIDED
THROUGHOUT THE PLAT.
A SIX FOOT WIDE SIDEWALK BE INSTALLED ALONG HIGHLAND ROAD FROM
JACKSON TO THE PLATS WESTERN LIMITS.
PARK DEDICATION IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF
FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
PAYMENT OF THE SURFACE WATER MANAGEMENT FEE BE PAID PRIOR TO
RELEASING THE PLAT FOR RECORDING.
THE DEVELOPER SIGN A PETITION FOR CITY WATER AND SEWER, WAIVING
THEIR RIGHT TO OBJECTION FOR ASSESSMENTS.
COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-1.
COMMISSIONER TACHENY OPPOSED.
COMMISSIONER KUESTER MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE CONDITIONAL USE PERMIT FOR SITE PLAN APPROVAL REQUESTED
BY DERRICK INVESTMENT CORP., PUBLIC HEARING CASE NO. CU 96-19, WITH THE
FOLLOWING CONDITIONS:
THE REZONING AND PLAT BE APPROVED BY THE PLANNING COMMISSION
AND CITY COUNCIL.
COMMENTS FROM TERRY MAURER'S MEMO DATED JULY 17, 1996, BE
INCORPORATED INTO THE PLANS.
THE REZONING AND PLAT BE APPROVED BY THE PLANNING COMMISSION
AND CITY COUNCIL.
ALL COMMENTS FROM TERRY MAURER'S MEMO DATED JULY 17,1996, BE
INCORPORATED INTO THE PLANS.
THE MAIN DRIVEWAY THROUGHOUT THE PROJECT HAVE A ROADWAY
WIDTH OF 30 FEET.
ALL OF THE SECONDARY ROADS OFF OF THE MAIN DRIVEWAY HAVE A
MINIMUM WIDTH OF 20 FEET.
DRIVEWAYS THAT ACCESS DIRECTLY ONTO THE MAIN ROAD HAVE THEIR
WIDTH NARROWED DOWN TO AS NARROW A WIDTH AS POSSIBLE.
A MINIMUM DISTANCE OF 22 FEET BE MAINTAINED BETWEEN THE GARAGE
AND ANY DRIVEWAY.
CONCRETE CURB AND GUTTER BE PROVIDED THROUGHOUT THE ENTIRE
PROJECT. STAFF WOULD LIKE TO DISCUSS THE SPECIFIC LOCATIONS WITH
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Planning Commission Minutes
July 23, 1996
Page 12
THE DEVELOPER TO DETERMINE THE REASONABLE LOCATION TO HAVE THIS
IMPROVEMENT INSTALLED.
10.
A FIVE FOOT WIDE SIDEWALK BE PROVIDED ALONG ONE SIDE OF THE MAIN
ROAD WHICH LOOPS THROUGH THE PROJECT.
THE QUANTITY OF LANDSCAPING MATERIAL BE INCREASED THROUGHOUT
THE ENTIRE PROJECT. SPECIFIC ATTENTION SHOULD BE GIVEN TO THOSE
AREAS ALONG JACKSON ROAD BETWEEN UNITS 8,9, 11, AND 12.
ADDITIONAL LANDSCAPING SHOULD BE PROVIDED BETWEEN UNITS 5 AND 6
AND THE PROPOSED SINGLE FAMILY LOTS ALONG 193RD AVENUE.
ADDITIONAL LANDSCAPING SHOULD BE PROVIDED AT THE ENTRANCE POINT
OFF OF HIGHLAND ROAD.
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14.
A TREE PROTECTION PLAN SHOULD BE PROVIDED DEMONSTRATING THE
NUMBER OF TREES THAT WILL BE SAVED IN THE SOUTHWEST AND WESTERLY
AREA OF THE PROJECT.
15.
ALL LANDSCAPED AREAS SHALL INCLUDE AN UNDERGROUND IRRIGATION.
16.
ADDITIONAL OFF STREET PARKING AREAS SHOULD BE DEMONSTRATED
THROUGHOUT THE PROJECT. THESE PARKING STALLS MAY NOT HAVE TO BE
INSTALLED AT THIS TIME, HOWEVER, IT SHOULD BE DEMONSTRATED IN THE
EVENT THAT THERE IS A PARKING PROBLEM.
17.
A COMPLETE LIGHTING PLAN SHOULD BE SUBMITTED DEMONSTRATING THE
LOCATION AND ILLUMINATION CONTOURS OF EACH OF THE LIGHT
STANDARDS.
18. EACH UNIT SHALL HAVE A MINIMUM OF A DOUBLE CAR GARAGE AS
ILLUSTRATED ON THE PROPOSED FLOOR PLANS.
19. A UNIFIED MAILBOX DESIGN SHOULD BE PROVIDED FOR EASY DELIVERY OF
MAIL. A CLUSTERING MAILBOX DESIGN MAY ALSO BE CONSIDERED
THROUGHOUT THE PROJECT.
20. THE UNITS DEVELOPED IN THIS PROJECT SHALL CONSIST OF THOSE
ILLUSTRATED ON THE ATTACHED FLOOR PLANS AND MADE PART OF THIS
REPORT THAT HAVE BEEN PROVIDED BY DERRICK INVESTMENT.
COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
Discussion followed regarding concrete curb and gutter and sidewalks. It was
the consensus of the Planning Commissioners to allow staff to determine which
areas would benefit from concrete curb and gutter to better define the
driveway and landscaped areas, as well as aid the drainage.
COMMISSIONER KUESTER MOVED TO RECONSIDER THE MOTION FOR THE
CONDITIONAL USE PERMIT REQUEST. COMMISSIONER SULLIVAN SECONDED THE
MOTION. THE MOTION CARRIED 6-0.
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Planning Commission Minutes
July 23, 1996
Page 13
COMMISSIONER KUESTER MOVED TO APPROVE THE ORIGINAL MOTION AS
PRESENTED. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION
CARRIED 6-0.
Staff report by Steve Ach. LeFebvre Companies, Inc. has requested approval for
the following:
A. Rezoning of approximately 3 acres from 1-1 (light industrial) to PUD
(planned unit development).
B. Preliminary Plat to subdivide approximately 11 acres into one industrial
lot and two outlots.
C. Conditional Use Permit for site plan review of the planned unit
development.
LeFebvre Companies is proposing to construct approximately a 16,000 square
foot office and truck terminal at the northeast corner of Ulysses street and 171st
A venue. Steve highlighted site plan issues as addressed in the staff report. Staff
recommends approval of the three requested based on the findings and
conditions as outlined in the report.
Chair Thompson opened the public hearing. There being no comments from
the public, Chair Thompson closed the public hearing.
COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE ZONE CHANGE REQUEST BY LEFEBVRE COMPANIES, INC., PUBLIC
HEARING CASE NO. ZC 96-13, BASED ON THE FOLLOWING FINDINGS AND THE
FACT THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING:
1. THE REZONING AND DEVELOPMENT OF THE LAND IS CONSISTENT WITH THE
LAND USE FOUND IN THE COMPREHENSIVE PLAN.
2. THE PROPOSED DEVELOPMENT IS CONSISTENT WITH EXISTING USES AND
WILL PROVIDE FOR THE CONSTRUCTION OF ULYSSES STREET TO 171ST
IMPROVING EMERGENCY ACCESSIBILITY TO A DEVELOPED INDUSTRIAL
PARK.
3. THE REZONING IS CONSISTENT WITH THE CITY'S ECONOMIC DEVELOPMENT
STRATEGY TO PROMOTE BUSINESS RETENTION WITHIN THE COMMUNITY.
COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
Planning Commission Minutes
July 23, 1996
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Page 14
COMMISSIONER ANDERSON MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE REQUEST BY LEFEBVRE COMPANIES, INC. FOR PRELIMINARY PLAT
APPROVAL (LEFEBVRE ADDITION), PUBLIC HEARING CASE NO. P 96-8, WITH THE
FOLLOWING CONDITIONS:
A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE
TERMS AND CONDITIONS OF APPROVAL.
A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED.
APPROPRIATE RIGHT-OF-WAY BE DEDICATED ALONG 171ST AVENUE TO
FACILITATE THE CONSTRUCTION OF THAT STREET.
SURFACE WATER MANAGEMENT FEE, WHICH APPLIES TO LOT 1, BLOCK 1 BE
PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING.
A SEAL COATING FEE BE PAID FOR ULYSSES STREET PRIOR TO RELEASING THE
PLAT FOR RECORDING.
THE REPLATTlNG OF THE OUTLOT TO THE EAST WILL REQUIRE A REDESIGN OF
THE SURFACE WATER DRAINAGE PATTERN.
APPROVAL FROM AFFECTED AGENCIES (I.E. NORTHERN NATURAL GAS)
BE RECEIVED.
THE STREET NAME BE CHANGED FROM ROOSEVELT TO ULYSSES.
THE PLAT SHALL INCLUDE ALL OF THE PROPERTY OWNED BY LEFEBVRE
COMPANIES ALONG 171ST AVENUE INCLUDING THE PROPERTY WEST OF
ULYSSES STREET.
10. NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE
PLAT AS REQUIRED BY THE CITY.
COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
COMMISSIONER TACHENY MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE REQUEST BY LEFEBVRE COMPANIES, INC. FOR A CONDITIONAL
USE PERMIT FOR SITE PLAN APPROVAL, PUBLIC HEARING CASE NO. CU 96-18,
BASED ON THE DISCUSSION OF THIS ITEM, WITH THE FOLLOWING CONDITIONS:
1. ALL OF THE COMMENTS LISTED UNDER THE SITE PLAN REVIEW SECTION OF
THE STAFF REPORT DATED JULY 23,1996 BE INCORPORATED INTO THE
REVISED SITE PLAN.
2. COMMENTS LIST IN TERRY MAURER'S MEMO DATED JULY 17, 1996, BE
INCORPORATED INTO THE SITE PLAN.
COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 6-0.
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Planning Commission Minutes
July 23, 1996
Page 15
staff report by Stephen Rohlf. The City of Elk River is being requested by the
Minnesota Department of Natural Resources (DNR) to update its "Wild and
Scenic River Ordinance". Steve indicated staff is recommending approval of
the Wild and Scenic River Ordinance with the revisions noted in the staff report,
contingent on the DNR's acceptance of the revisions.
Chair Thompson opened the public hearing. There being no comments from
the public, Chair Thompson closed the public hearing.
COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE WILD AND SCENIC RIVER ORDINANCE AMENDMENT BY THE CITY
OF ELK RIVER, PUBLIC HEARING CASE NO. OA 96-11, WITH THE REVISIONS
PROPOSED BY STAFF. COMMISSIONER ANDERSON SECONDED THE MOTION. THE
MOTION CARRIED 6-0.
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...............PdWnshops..OhO..PdWl"lbtbkers, Public. ..HearihO..CoseNo;OA.96ia............... . ...
Staff report by Scott Harlicker. The City of Elk River is requesting an ordinance
amendment creating a definition for pawn shops and including them as a
conditional use in the C3 (Highway Commercial) zone with setbacks of 250 feet
from residential zones and 500 feet from schools, parks and daycare centers,
churches and other pawnshops. On March 18, 1996, the City Council approved
an ordinance establishing a moratorium on pawn shops for one year, or until the
Code of Ordinances has been updated with respect to pawn shops.
Chair Thompson opened the public hearing. There being no comments from
the public, Chair Thompson closed the public hearing.
COMMISSIONER ANDERSON MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF ORDINANCE 96-_, AMENDING DEFINITIONS AND CONDITIONAL
USES IN THE C3 ZONING DISTRICT RELATING TO PAWNSHOPS, PUBLIC HEARING
CASE NO. OA 95-8, WITH THE FOLLOWING ADDITION:
250 FOOT SETBACK FROM ANY RESIDENTIAL ZONE AND 500 FOOT SETBACK
FROM SCHOOLS, PARKS, DAYCARE CENTERS, CHURCHES AND
PAWNSHOPS, MEASURED FROM THE PROPERTY LINE.
COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 6-0.
6.1. Plannina Commission Mobile Workshop
A mobile workshop will be held on July 30, 1996, beginning at 4:00 p.m.
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Planning Commission Minutes
July 23, 1996
Page 16
6.2.
Plannina Commission Vacancy
Steve Ach indicated two applications have been received for the vacancy on
the Planning Commission Board.
There being no further business, COMMISSIONER KUESTER MOVED TO ADJOURN THE
MEETING. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION
6-0.
The meeting adjourned at 11 :22 p.m.
Z7:;;:~~
Debbie Kleckner
Recording Secretary