05-23-1995 PC MIN
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MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY, MAY 23, 1995
Members Present:
Chair Kuester, Commissioners Dillon, Kreger, Minton, Sullivan
and Thompson. Commissioner Tacheny arrived at 7:50 p.m.
Members Absent:
None
Staff Present:
Steven B. Ach, City Planner; Gary Schmitz, Planning Assistant;
Terry Maurer, City Engineer; Debbie Kleckner, Recording
Secretary
Pursuant to due call and notice thereof, the meeting of ibe Bk River Planning
Commission was called to order at 7 p.m. by Chair Kuester.
COMMISSIONER MINTON MOVED TO APPROVE THE MAY 23, 1995 PLANNING
COMMISSION AGENDA. COMMISSIONER THOMPSON SECONDED THE MOTION.
THE MOTION CARRIED 6-0.
The following corrections were noted:
Page 1 -add "Commissioner Dillon" to "Members Present"
Page 4 -add text per Chair Kuester's comments
page 6 -add the words "and Commissioners" after the word "staff"
Page 8-replace the word "develop" with the word "developer"
Page 8-add "Kreger" after the word "Commissioner"
COMMISSIONER KREGER MOVED TO APPROVE THE APRIL 25, 1995 PLANNING
COMMISSION MINUTES. COMMISSIONER THOMPSON SECONDED THE MOTION.
THE MOTION CARRIED 6-0.
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Commissioner Dillon will attend the June 19, 1995 City Council meeting.
Staff report by Steve Ach. Kraus-Anderson is requesting a conditional use permit
for site plan review to construct a 6,000 square foot commercial building in the
Planning Commission Meeting Minutes
May 23, 1995
Page 2
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Elk Park Center Planned Unit Development. The building will be occupied by
Video Update. Steve highlighted some of the concerns outlined in staff's report
to the Planning Commission dated May 23, 1995, regarding parking,
landscaping, pedestrian circulation, refuse collection, and the building
elevations. Staff also suggested that the earth tone and brick theme be
incorporated in the building's exterior design. Staff recommended approval of
the conditional use permit with the inclusion of comments in staff's report, as well
as comments in the City Engineer's report dated May 17,1995.
Chair Kuester opened the public hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
Carl Carlson, representative of Kraus-Anderson, stated that Video Update has
agreed to an "eggshell" color for the building exterior. He added that they
have no concerns regarding the landscaping recommendations. Steve Ach
explained that staff has suggested brick for the columns on the front of the
building.
COMMISSIONER KREGER MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE REQUEST BY KRAUS-ANDERSON OF ELK RIVER, INC. AND VIDEO
UPDATE FOR A CONDITIONAL USE PERMIT FOR SITE PLAN REVIEW, PUBLIC HEARING
CASE NO. CU 95-8, FINDING OF FACT AS FOLLOWS: INFORMATION IN STAFF'S
MEMO AND CITY ENGINEER'S MEMO, AND ALSO, THERE WAS NO PUBLIC
OPPOSITION DURING THE PUBLIC HEARING, WITH THE FOLLOWING CONDITIONS:
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1.
ALL COMMENTS STATED WITHIN THE STAFF'S MEMO DATED 5/23/95 AND THE
CITY ENGINEER'S MEMO DATED 5/17/95, BEING INCORPORATED INTO THE
PROPOSED DEVELOPMENT PLANS.
2. THREE SETS OF REVISED PLANS BE SUBMITTED FOR APPROVAL PRIOR TO
ISSUANCE OF A BUILDING PERMIT.
COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
Staff report by Steve Ach. Kraus-Anderson of Elk River, Inc. is requesting a
conditional use permit for site plan review to construct a 16,000 square foot.
multi-tenant store as part of the Elk Park Center Planned Unit Development.
Steve reviewed recommendations in his memo to the Planning Commission
regarding parking and circulation, refuse circulation, and signage. Steve
suggested that the signage restrictions be modified to allow a two foot setback
for signs on the narrower (20 ft.) retail bays.
Chair Kuester opened the public hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
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Commissioner Kreger questioned how high the retaining wall would be behind
the building, and also the depth of the bays. John Bogart of John Oliver and
Associates, stated the wall would be 4 feet high. Carl Carlson of Kraus-Anderson
stated the bays would be 100 - 120 feet deep.
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Planning Commission Meeting Minutes
May 23, 1995
Page 3
COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE REQUEST BY KRAUS-ANDERSON OF ELK RIVER, INC. FOR A
CONDITIONAL USE PERMIT FOR SITE PLAN REVIEW, PUBLIC HEARING CASE NO.
CU 95-7, CITING THE FINDINGS IN STAFF'S MEMO TO THE PLANNING COMMISSION
DATED 5/17/95, AND THE FACT THAT THERE WAS NO OPPOSITION FROM THE
PUBLIC. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION
CARRIED 6-0.
Staff report by Steve Ach. Elk River AutoMalL LLC, is requesting a conditional use
permit to allow Kennedy Transmission to operate a 3,519 square foot auto repair
facility. The proposed free-standing building will be located north of Main Street,
west of Carson Street, immediately south of the new ABRA Auto Body.
Staff recommends approval of the conditional use permit with the 9 conditions
in the report to the Planning Commission dated May 23, 1995.
Chair Kuester opened the public hearing.
Sherry Emmerson, representative of Guardian Angels, questioned whether or not
the proposed transmission repair business was compatible with the senior
building so close. She raised questions regarding noise, hours of operation,
number of vehicles that may be located outside the building, and landscaping
and buffering plans.
John Weicht. representative Elk River AutoMall, LLC" explained that Kennedy
Transmission has informed him that they have a relatively low volume of
customers, servicing an average 35 transmissions (rebuild) a week. He added
that Kennedy's policy is to store vehicles indoors overnight.
Chair Kuester noted the hours of operation as stated in staff's recommendation
are Monday through Friday, 7:30 a.m. - 6:30 p.m.; Saturday, 7:30 a.m. - 6:00 p.m.;
and Sunday, 10:00 a.m. - 5:00 p.m. John Weicht stated that Kennedy
Transmission is anticipating shorter hours than these, but the hours stated
correspond to hours of operation for other businesses in the AutoMal1.
Chair Minton expressed his concern that the building would be located so close
to the Angel Ridge building. Mr. Weicht stated that he has planned additional
trees to be placed on the north to serve as a buffer.
Chair Kuester closed the public hearing.
COMMISSIONER KREGER MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE REQUEST FOR A CONDITIONAL USE PERMIT BY ELK RIVER
AUTOMALL, LLC" PUBLIC HEARING CASE NO. CU 95-6, CITING INFORMATION IN
STAFF'S REPORT TO THE PLANNING COMMISSION DATED 5/23/95 AS FINDINGS OF
FACT, SUBJECT TO THE FOLLOWING CONDITIONS:
Planning Commission Meeting Minutes
May 23, 1995
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Page 4
ALL EXTERIOR IMPROVEMENTS BE DONE IN ACCORDANCE WITH THE
APPROVED DEVELOPMENT PLANS APPROVED AND DATED 11/19/94.
ALL WALL SIGNAGE BE CONSISTENT WITH THE BUILDING IMMEDIATELY TO
THE NORTH.
NO OUTDOOR STORAGE OF MERCHANDISE OR AUTOMOBILE PARTS BE
ALLOWED.
HOURS OF OPERATION BE CONSISTENT WITH THE THREE EXISTING AUTO
SERVICE BUSINESSES AND BE AS FOLLOWS:
MONDAY THROUGH FRIDAY, 7:30 A.M. - 6:30 P.M.; SATURDAY, 7:30 A.M. -
6:00 P.M.; SUNDAY, 10:00 A.M. - 5:00 P.M.
NO SIGNAGE BE ALLOWED ON THE WEST ELEVATION OF THE BUILDING.
TRASH ENCLOSURES BE PROVIDED, WHICH ARE LARGE ENOUGH TO
CONTAIN ALL REFUSE COLLECTION, RECYCLABLE ITEMS AND
MISCELLANEOUS AUTO PARTS.
8. NO OVERHEAD DOORS BE ALLOWED ON THE WEST SIDE OF THE BUILDING.
ALL OVERHEAD DOORS MUST FACE HIGHWAY 169.
9.
NO DAMAGED OR WRECKED AUTOMOBILES BE STORED OUTSIDE
OVERNIGHT. UNDAMAGED VEHICLES MAY BE PARKED OUTSIDE AT A
MAXIMUM PERIOD NOT TO EXCEED 48 HOURS.
COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
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Staff report by Gary Schmitz. Ron and Paul Dargis are requesting a 22
foot variance to the 50 foot shoreland setback requirement for Lake Orono at
1946 Main Street. The Dargis' are proposing to add a family room, and replace
and extend their existing deck. Staff recommends approval of the request.
Chair Kuester opened the public hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
Commissioner Minton stated that the subject property is part of a historical area
of the city and may have been the site of the old school house. He stated he
had no problem approving the variance, since it would not change the setback
from what it was presently.
COMMISSIONER SULLIVAN MOVED THAT THE PLANNING COMMISSION
RECOMMEND APPROVAL OF THE REQUEST BY RON AND PAULA DARGIS FOR A
VARIANCE, PUBLIC HEARING CASE NO. V 95-3, CITING THE INFORMATION IN
STAFF'S REPORT, THE FOUR FINDINGS AS WRITTEN, AND THE FACT THAT THERE WAS
NO PUBLIC OPPOSITION DURING THE PUBLIC HEARING AS REASONS FOR
APPROVAL. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION
CARRIED 6-0.
Planning Commission Meeting Minutes
May 23, 1995
Page 5
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Staff report by Gary Schmitz. The Elk River Order of Eagles and River Valley
Lumber, Inc. are requesting a land use amendment from L-1 (Light Industrial) to
HB (Highway Business), and a zone change from 1-1 (Light Industrial) to C3
(Highway Commercial). The triangular-shaped property is bounded on the
north by 4th Street, on the east by Jackson Avenue and on the south by the
Burlington Northern Railroad tracks. The parcel is approximately 5 acres in sizes
and consists of the following uses: Fraternal club, lumber yard, feed store,
cabinet shop, a paint store, book store and two single family homes. If the
request is approved, both the Eagles Club and River Valley Lumber Company
do have plans for expansion.
Gary explained that approval of the zone change would allow an extension of
the current C3 (Highway Commercial) zoning south of the railroad tracks and
ease the transition between the current C3 property along Highway 10 and the
C-1 (Central Commercial) property near 4th street and Jackson Avenue. Staff
feels that both findings for approval of rezoning or land use amendment can be
met.
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Gaylen Hoehne, representative of the Applicants, submitted a list of property
owners with signatures approving the petition to rezone the subject property to
C3. He stated the only property owner within 350' that did not sign in favor was
Elk River Machine, citing they were concerned about the affect the change
may have on their property, since it has an industrial use.
Other options were discussed for the proposed changes.
Gaylen Hoehne stated that the cabinet shop will be moving their business if the
requests are approved.
Chair Kuester opened the public hearing.
Tom Weise, owner of River Valley Lumber, stated his only concern is that the
proposed ordinance amendment be approved later on the agenda, allowing
lumber yards as conditional uses in C3 zone.
Commissioner Minton questioned what affect the ordinance amendment would
have on River Valley Lumber's outside storage. Gary Schmitz stated that issues
regarding outdoor storage and landscaping could be addressed in the
conditional use permit process.
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Tom Weise stated that they do not have definite plans at this time to expand,
but have considered tearing down one of the single family homes on Jackson
A venue and building a new store. They would also be willing to make some
Planning Commission Meeting Minutes
May 23, 1995
Page 6
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changes to improve aesthetics on the site. He was unsure of the amount of
landscaping that could be donE~, due to the narrow width of the property.
Gaylen Hoehne suggested that possibility of the Eagles Club exchanging land
with River Valley Lumber to allow them room for landscaping.
Chair Kuester closed the public hearing.
COMMISSIONER MINTON MOVE[) THE PLANNING COMMISSION RECOMMEND
THAT THE CITY COUNCIL APPROVE THE REQUEST BY THE ELK RIVER EAGLES AND
RIVER VALLEY LUMBER FOR A LAND USE PLAN AMENDMENT FROM L-I (LIGHT
INDUSTRIAL) TO CB (CENTRAL BUSINESS), PUBLIC HEARING CASE NO. LUA 95-5.
COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 7-0.
COMMISSIONER MINTON MOVED THAT THE PLANNING COMMISSION
RECOMMEND THAT THE CITY COUNCIL APPROVE THE REQUEST BY THE ELK RIVER
EAGLES AND RIVER VALLEY LUMBER FOR A ZONE CHANGE FROM 1-1 (LIGHT
INDUSTRIAL) TO C3 (HIGHWAY COMMERCIAL), BASED ON THE INFORMATION IN
STAFF'S REPORT TO THE PLANNING COMMISSION DATED MAY 23, 1995, INCLUDING
THE FOLLOWING:
1. THE CHANGE IN LAND USE AND ZONING WILL NOT HAVE A DETRIMENTAL
AFFECT ON SURROUNDING PROPERTIES SINCE IT IS NOT ANTICIPATED THE
EXISTING BUSINESSES WILL BE LEAVING.
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2.
THE PROPOSED REZONING AND LAND USE AMENDMENT WOULD PROVIDE
A SMOOTH TRANSITION OF LAND USE FROM THE HIGHWAY 10 CORRIDOR
THE PUD AND Cl ZONING DESIGNATION ALONG JACKSON AVENUE.
TO
3. APPROXIMATELY HALF OF: THE PARCEL IS GUIDED FOR A COMMERCIAL USE;
THEREFORE, THIS PROPOSAL IS NOT INCONSISTENT WITH THE
COMPREHENSIVE PLAN.
4. TIMES AND CONDITIONS HAVE CHANGED TO WARRANT A CHANGE IN THE
LAND USE AND ZONING FROM INDUSTRIAL TO COMMERCIAL.
5. THE REZONING WILL ALLOW THE EXISTING BUSINESSES TO EXPAND AND
MAKE IMPROVEMENTS TO THEIR PROPERTY WHICH WILL CONTRIBUTE TO THE
AESTHETIC AND ECONOMIC VITALITY TO DOWNTOWN.
COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0.
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Staff report by Steve Ach. Windsor Development is requesting the following:
Planning Commission Meeting Minutes
May 23, 1995
Page 7
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A. Comprehensive plan amendment expanding the urban service
boundary
B. Rezoning approximately 80 acres from R 1 a to R 1 c
C. Preliminary plat to subdivide approximately 120 acres into single family
lots
steve stated that the southern half of the property is within the current urban
service area, while the northern half is not. The Steering Committee has
recommended including the subject property within the urban service area.
Approval of the rezoning request would allow a minimum lot size of 10,000
square feet, which would be consistent with the comprehensive plan
amendment expanding the urban service boundary.
steve Ach provided an overview of the proposed preliminary plat. He
explained there are significant areas infected with oak wilt which will need to be
controlled, cleared and re-forested. Steve noted that the plat has been
designed around the existing topography and wetlands, as well as preserving as
many trees as possible.
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Steve discussed options for 193rd A venue, including the Park and Recreation
Commission I s suggestion to vacate the street and turn it into a trail corridor
which would connect with the existing City trail. steve stated that staff concurs
with the Park and Recreation Commission recommendations with the exception
of their recommendation for sidewalks. He explained that the design of the plat
will discourage cut-through traffic which will limit the number of vehicle trips. He
stated that the developer has expressed concern that sidewalk construction will
affect their ability to save trees, as well as complicating the construction of
driveways, due to the changes in grade.
Staff suggested that further consideration be given to the 195th Court area
occur prior to final plat for preservation of the existing stand of oak trees. Also,
staff recommended the following lots and areas be given consideration:
. Eliminate one lot from 195th Circle
. Eliminate one lot from the area of Tipton Court and 196th Circle
. Some of the lots along Upland A venue which appear to have unusual
configurations.
Steve Ach commented that the recommended trail system would connect the
main trail corridor, Meadowvale Elementary, Highland Road and the open
space in Outlot A.
Ron Bastyr, representative of Windsor Development, explained their plan to
preserve the character of the property. He explained the design of the
entrance to the development. Mr. Bastyr indicated that the homes would be
placed on an elevation to maintain the trees in the backyards.
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John Boggart of John Oliver and Associates, provided comments to address
some of staff's concerns as follows:
Planning Commission Meeting Minutes
May 23, 1995
Page 8
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. A ttempt to eliminate any type of grading in the backyards
. Minimize the drainage into wetland areas
Mr. Bastyr stated that he was willing to work with staff to consider the elimination
of any lots in order to preserve trees.
Discussion followed regarding enhancing the southern entrance to the plat.
Options for the use of Outlot A were also discussed. Commissioner Kreger
expressed concern that Outlot A be under City control and available to the
public. Chair Kuester commented that Dave Anderson, Park and Recreation
Commission Chair, felt that if Outlot A is protected under some sort of land
conservation and results in a tax benefit to the developer, perhaps some type of
park dedication fee could be required.
Commissioner Minton stated that he would be in favor of an access from the
northern streets to the northern trail.
Chair Kuester opened the public hearing.
Robert Elveru, 19623 Proctor Avenue NW, expressed his concern that there be
sidewalks along the main thoroughfares in the development for children walking
to school. He also was concerned about increased traffic on Proctor. Mr. Elveru
questioned how water pressure would be maintained in the development due
to the high elevation.
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Mike Dwyer, 19623 Proctor Avenue NW, stated that he owns a lot on the
northeast corner of the proposed development. He explained that his lot was
included in the proposed extension of the urban service boundary and
questioned the impact this would have on his property. He further questioned if
there are any plans for the 40 acres southeast of the proposed development.
He also questioned how a park could be developed with the steep grade of
Outlot A. Finally, he questioned how the area would be serviced by City water.
Beverly Putnam, 19571 Proctor Avenue NW, stated that her home is located
directly across from the proposed entrance to the development. She expressed
concern regarding the increased traffic on Proctor, speeding and trucks
traveling on Proctor.
Jim Hamilton, 19711 Rush street, Ridgewood Addition, expressed his concern with
the density of the proposed development. He felt it would have a detrimental
impact on his property value.
Bob Elveru, 19623 Proctor Avenue, also expressed his concern for the density of
the proposed development, and the affect this many families would have on
the traffic problems they are already experiencing.
John Boggart, representing the developer, explained that given the proposed
100 foot buffer zone, there would be approximately 150 feet between Mr.
Hamilton's rear lot line and a potential neighbor's home to the south.
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Planning Commission Meeting Minutes
May 23, 1995
Page 9
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Ron Bastyr, developer, stated that there will also be a drop in elevation between
his property and the lots to the south.
Mike Dwyer, 19623 Proctor, questioned whether or not his property would be
included in the rezoning, since it was included in the extension of the urban
service area.
Bob Elveru, 19623 Proctor, questioned whether or not the school system would
be adequate to handle the number of children coming into this development.
He asked if there were other costs to residents that they may not be aware of
now.
Chair Kuester closed the public hearing.
Terry Maurer, City Engineer, commented on questions and concerns raised the
public as follows:
-There is adequate capacity for the sanitary sewer system. A trunk sewer line
was extended north on the railroad alignment to serve Meadowvale School and
was extended northerly to the Meadowvale Heights Addition. Also, the City is in
the process of upgrading the treatment facility to triple its capacity. A
development like this will help pay for it through hookup fees and service.
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-Someday the proposed development will be connected to the high level water
service tower behind the new SAX grocery store. He stated that the Elk River
Utilities has indicated they have no plans to put another water tower into service
this area for at least five years. There is no cost to the City for a water tower; it is
paid for by the users in connection fees and user fees. Booster pumping stations
will be built in the development area to provide adequate pressure for service
and fire protection. This cost will be borne by the developer.
-County roads are designed to carry several thousand cars per day. It is
estimated that each lot will generate between 6 - 8 trips per day. This
development could be estimated to generate between 1,200 - 1,600 trips per
day, divided between the two accesses to the development. Less that 1,000 per
trips per day would be added to County Road 77 when fully developed. The
County is aware that they will need to deal with this traffic in the future, and are
discussing signalizing the County Road 1 and County Road 77 intersection.
-The City has the ability to place restrictions on truck traffic routes when
reviewing gravel mining permits, but this does not control other truck traffic.
-There is no cost to a property to be included in the urban service area. It would
prevent a property owner from further subdividing their property without city
sewer and water. The properties that are not part of this development could be
excluded from the urban service district.
-Mailbox locations are determined by the U.S. Post Office and the City has no
control.
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Planning Commission Meeting Minutes
May 23, 1995
Page 10
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-The City may request special enforcement on Proctor to help control the
speeding.
Commissioners T acheny and Kreger expressed their support for sidewalks in the
development.
Discussion followed regarding location of sidewalks.
Commissioner Kreger suggested that sidewalks be placed adjacent to the curb
on one side of all streets in the development, with the exception of the cul-de-
sacs.
Discussion followed regarding the placement of the retaining wall on lots
abutting the Ridgewood development.
Ron Bastyr stated that the location of the 40 acres southeast of the proposed
development was shown on the map as a possible additional access at some
point.
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COMMISSIONER KREGER MOVED THAT THE PLANNING COMMISSION RECOMMEND
THAT THE CITY COUNCIL APPROVE OF THE REQUEST BY WINDSOR DEVELOPMENT
FOR A COMPREHENSIVE LAND USE PLAN AMENDMENT TO EXPAND THE URBAN
SERVICE AREA, PUBLIC HEARING CASE NO. LUA 95-3, AS DEFINED IN THE MAP
ATTACHED TO THE REPORT TO THE PLANNING COMMISSION DATED MAY 23, 1995,
BASED ON THE RECOMMENDATION FROM THE STEERING COMMITTEE AND THE
DISCUSSION DURING THE PUBLIC HEARING. COMMISSIONER MINTON SECONDED
THE MOTION. THE MOTION CARRIED 7-0.
COMMISSIONER KREGER MOVED THAT THE PLANNING COMMISSION RECOMMEND
THAT THE CITY COUNCIL APPROVE THE REZONING REQUEST BY WINDSOR
DEVELOPMENT FOR APPROXIMATELY 80 ACRES OF THE LAFAYETTE WOODS
DEVELOPMENT FROM R1A (SINGLE FAMILY RESIDENTIAL) TO R1C (SINGLE FAMILY
RESIDENTIAL), PUBLIC HEARING CASE NO. ZC 95-3, CITING THE EXPANSION OF THE
URBAN SERVICE BOUNDARY, AND THAT THE TIMES AND CONDITIONS HAVE
CHANGED TO WARRANT THE CHANGE. COMMISSIONER TACHENY SECONDED THE
MOTION. THE MOTION CARRIED 6-1. CHAIR KUESTER OPPOSED.
COMMISSIONER KREGER MOVED THAT THE PLANNING COMMISSION RECOMMEND
THAT THE CITY COUNCIL APPROVE THE REQUEST BY WINDSOR DEVELOPMENT FOR
PRELIMINARY PLAT APPROVAL TO SUBDIVIDE THE SUBJECT PROPERTY INTO
APPROXIMATELY 120 SINGLE FAMILY LOTS (LAFAYETTE WOODS), PUBLIC HEARING
CASE NO. P 95-2, CITING FINDINGS OF FACT THE INFORMATION IN STAFF'S REPORT
TO THE PLANNING COMMISSION DATED MAY 23,1995, THE LETTER FROM THE
SHERBURNE COUNTY TREE BOARD, SUBJECT TO THE FOLLOWING CONDITIONS:
1. A DEVELOPMENT 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 MAY 17, 1995
BE ADDRESSED AND INCORPORATED INTO FINAL PLANS FOR THE
DEVELOPMENT.
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Planning Commission Meeting Minutes
May 23, 1995
Page 11
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3.
EXCLUDING THE REFERENCE MADE TO SIDEWALKS THROUGHOUT THE
DEVELOPMENT, THE PARK AND RECREATION COMMISSION
RECOMMENDATION OF MAY 10, 1995 BE INCORPORATED INTO THE
DEVELOPMENT.
4. A WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID
TO ELK RIVER UTILITIES. DEVELOPER SHOULD CHECK WITH ELK RIVER UTILITIES
FOR ANY ADDITIONAL CHARGES RELATIVE TO WATER CONNECTION FEES.
5. A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE
CITY AT THE TIME OF FINAL PLATTING BE PAID PRIOR TO RECORDING THE
PLAT.
6. ALL OF THE APPROPRIATE PERMITS TO FILL AND MITIGATE WETLANDS BE
APPROVED PRIOR TO FINAL PLAT APPROVAL. IF THOSE PERMITS CANNOT BE
OBTAINED, THE PLAT BE REDESIGNED TO AVOID THE WETLANDS.
7. THE FOLLOWING AREAS OF THE PLAT BE GIVEN FURTHER CONSIDERATION
PRIOR TO FINAL PLAT APPROVAL:
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REDESIGNING THE LOTS AND UPLAND AVENUE AT THE SOUTHWEST
CORNER OF THE PLAT.
THE AREA AROUND 195TH COURT BE FURTHER EXAMINED WITH A
TREE INVENTORY TO DETERMINE THE APPROPRIATE LOT LAYOUT TO
MAXIMIZE THE NUMBER OF TREES SAVED.
ELIMINATING ONE LOT FROM 195TH CIRCLE
ELIMINATING ONE LOT FROM THE AREA OF TIPTON COURT AND
196TH CIRCLE.
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8. A TREE PRESERVATION PLAN BE SUBMITTED ALONG WITH A GRADING
PLAN WITH 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.
9. AN NPDES PERMIT BE OBTAINED FOR THE GRADING ASSOCIATED WITH
THE DEVELOPMENT.
10. PROPER EROSION CONTROL BE PROVIDED DURING THE CONSTRUCTION.
11. AN ADDITIONAL 17 FEET OF RIGHT-OF-WAY BE DEDICATED ALONG COUNTY
ROAD 77.
12. PRIOR TO ISSUANCE OF ANY BUILDING PERMITS, A DEVELOPMENT PLAN BE
SUBMITTED OUTLINING THE STYLE OF HOME AND FINISHED GRADES ON
EACH LOT.
13. THE DEVELOPER REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH
REVIEWING THIS PLAT PRIOR TO FINAL PLAT REVIEW BY THE CITY COUNCIL.
14.
THE DEVELOPER PROVIDE THE CITY WITH A LETTER OF CREDIT IN THE
AMOUNT REQUIRED BY THE CITY TO COVER THE COSTS OF THE
IMPROVEMENTS.
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Planning Commission Meeting Minutes
May 23, 1995
Page 12
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15.
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 WITH THE CITY FOR A ONE
YEAR PERIOD.
16. CURB-TIGHT SIDEWALKS BE INCLUDED ALONG ONE SIDE OF MAJOR
PORTIONS OF RUSH AVENUE, UPLAND AVENUE AND 195TH AVENUE, AND
THAT A GRADED AREA BE PROVIDED FOR CURB-TIGHT SIDEWALKS ALONG
ROAD PORTIONS LEADING INTO THE 40 ACRE PARCEL SOUTHEAST OF THE
PROPOSED DEVELOPMENT.
17. AN EASEMENT FOR TRAIL ACCESS BE PROVIDED ON A PORTION OF THE
NORTHEAST T-SHAPED CUL-DE-SACS TO ALLOW ACCESS TO THE PROPOSED
PARK IN OUTLOT A.
18. A COMPLETE AMENITY PACKAGE BE SUBMITTED TO THE CITY FOR REVIEW.
THIS INFORMATION SHALL ADDRESS THE ENTRANCES AT BOTH PROCTOR
AND COUNTY ROAD 1, AS WELL AS LANDSCAPING AND OTHER FEATURES
PROPOSED FOR THE PLAT.
19. THE RECOMMENDATIONS BY TIM EDGETON OF THE SHERBURNE COUNTY
TREE BOARD BE INCORPORATED IN THE REVISED PLANS, AS STATED IN HIS
LETTER TO THE CITY PLANNER, STEVE ACH.
20.
THE STATUS OF OUTLOTS C AND D AT THE PROCTOR AVENUE ENTRANCE BE
RESEARCHED TO DETERMINE THE BEST SOLUTION TO ACCOMMODATE THE
CITY'S AND THE DEVELOPER'S BEST INTERESTS TO ESTABLISH A LANDSCAPED
ENTRANCE.
.
A brief discussion followed regarding the type and placement of mailboxes in
the proposed development. Ron Bastyr, developer, stated that they plan to
provide the mailboxes for the development, in groupings using cedar posts.
COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 7-0.
Staff report by Gary Schmitz. The City of Elk River requests that various sections
of the City Code be amended which relate to zero lot development.
Chair Kuester opened the public hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
COMMISSIONER KREGER MOVED THE PLANNING COMMISSION RECOMMEND THAT
THE CITY COUNCIL APPROVE ORDINANCE 95-_, AN ORDINANCE AMENDING
SECTIONS 900.20 AND 900.12 OF THE CITY OF ELK RIVER CODE OF ORDINANCES
RELATING TO ZERO LOT LINE DEVELOPMENTS IN ALL ZONING DISTRICTS, PUBLIC
HEARING CASE NO. OA 95-3. COMMISSIONER SULLIVAN SECONDED THE MOTION.
THE MOTION CARRIED 7-0.
.
.
.
.
Planning Commission Meeting Minutes
May 23, 1995
Page 13
steve Ach reviewed the proposed changes to the City's Subdivision Ordinance.
Chair Kuester opened the public hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
COMMISSIONER KREGER MOVED TO TABLE THE REQUEST BY THE CITY OF ELK RIVER
FOR VARIOUS AMENDMENTS TO THE SUBDIVISION ORDINANCE, PUBLIC HEARING
CASE NO. OA 94-7. COMMISSIONER DILLON SECONDED THE MOTION. THE
MOTION CARRIED 7-0.
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....................CondifionqLUses...ln..C~3.Zoninq..Districts....l'ublic...l-learino..Case..N6....0A...95~5...
Staff report by Gary Schmitz. The City of Elk River requests an ordinance
amendment which would allow lumber yards as a conditional use in the C-3
(Highway Commercial) zoning district. The amendment would also delete
unenclosed lumberyards as a permitted use in the 1-2 (Medium Industrial) zoning
district.
Chair Kuester opened the public hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF ORDINANCE 95-
_, AN ORDINANCE AMENDING SECTION 900.12 "PERMITTED, ACCESSORY AND
CONDITIONAL USES BY DISTRICT" OF THE ELK RIVER CODE OF ORDINANCES
RELATING TO LUMBER YARDS, PUBLIC HEARING CASE NO. OA 95-5.
COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0.
COMMISSIONER KREGER MOVED TO ADOPT RESOLUTION 95-_, A RESOLUTION OF
THE ELK RIVER PLANNING COMMISSION FINDING THE ECONOMIC DEVELOPMENT
AUTHORITY'S TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING
DISTRICT NO. 12 LOCATED WITHIN DEVELOPMENT DISTRICT NO.1 IS CONSISTENT
WITH THE COMPREHENSIVE PLAN FOR THE CITY OF ELK RIVER. COMMISSIONER
TACHENY SECONDED THE MOTION. THE MOTION CARRIED 7-0.
There being no further business, COMMISSIONER KREGER MOVED TO ADJOURN
THE MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION
CARRIED 7-0.
The meeting of the Elk River Planning Commission adjourned at 10:55 p.m.
Respectfully submitted,
Debbie Kleckner
Planning Secretary