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02-22-1994 PC MIN . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, FEBRUARY 22, 1994 "'111ft;;; Members Present: Chairman Tveite, Commissioners Carr, Eberley, Kreger, Kuester, and Minton. Members Absent: Commissioner Tacheny Staff Present: Steven B. Ach, City Planner, Terry Maurer, City Engineer, Gary Schmitz, Planning Assistant, Catherine Schmidt, Recording Secretary. 1. Call Meetina To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 7 p.m. by Chairman Tveite. 2. Consider Planning Commission Aaenda . Commissioner Minton added discussion regarding Custom Motors, Chairman Tveite added discussion regarding the Workshop. COMMISSIONER MINTON MOVED TO APPROVE THE MARCH 22, 1994 PLANNING COMMISSION AGENDA. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3. Consider Plannina Commission Minutes Chairman Tveite requested that page 2, item 3, be changed to: CONIFERS - 6 FOOT HEIGHT BALLED AND BURLAP. Discussion among the Commissioners regarding the Planning Commission Minutes from the Annual Meeting, January 22, 1994. It was the consensus of the Commission to hold approval of these minutes until the March 22, 1994, Planning Commission meeting. COMMISSIONER EBERLEY MOVED TO APPROVE THE 2/22/94 PLANNING COMMISSION MINUTES. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 4. Plannina Commission Representative to Attend City Council Meetinq It was indicated Commissioner Eberley would attend the 3121/94 City Council meeting to be held at Elk River City Hall. . Planning Commission Minutes February 22, 1994 &~~~@W~w Page 2 . 5. Consider Preliminary Plat of North Meadows 2nd Addn. by Joyce Mickelson, Public Hearinq, Case No. P 94-03 Steve Ach stated that staff recommended this request be tabled until the March 22, 1994, Planning Commission meeting. The applicant was unable to provide additional information that would be pertinent to Planning Commission review. COMMISSIONER KREGER MOVED TO TABLE THIS REQUEST AND THE PUBLIC HEARING UNTIL THE MARCH 22, 1994, PLANNING COMMISSION MEETING. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6. Consider A Conditional Use Permit Request By EOS Architecture, Public Hearinq, Case No. CU 94-02 Staff report presented by Gary Schmitz. EOS Architecture requested a conditional use permit for a 4,450 square foot addition to the existing Elk River Public Library. Rick Wessling, EOS Architecture, addressed the Planning Commission and reviewed the landscape plan. Chairman Tveite opened the public hearing. There being no comments from the public, Chairman Tveite closed the public hearing. . There was discussion among the Commissioners regarding: drainage, possible sidewalks from 4th Street, additional parking, landscaping buffers, possible additional access into the library. Terry Maurer, Rick Wessling and staff responded to the questions from the Commissioners. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT BY EOS ARCHITECTURE, PUBLIC HEARING, CASE NO. CU 94-02, CITING STAFF'S MEMO. THE REQUEST MEETS THE SEVEN STANDARDS FOR GRANTING A CONDITIONAL USE PERMIT AND IS CONSISTENT WITH THE COMPREHENSIVE PLAN. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: 1. THE APPLICANT ADD 8 ADDITIONAL 2 INCH CALIPER OVERSTORY TREES TO THE LANDSCAPE PLAN. 2. THE DRAINAGE PLAN BE REVISED TO MEET THE CITY ENGINEER'S RECOMMENDATION. 3. A LANDSCAPE BUFFER SHOULD BE PROVIDED ALONG THE WEST PROPERTY LINE TO SCREEN THE NEIGHBORING HOME. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 7. Consider a Variance Request by the City of Elk River, Public Hearinq, Case No. V 94-01 . Staff report presented by Gary Schmitz. The City of Elk River requested a five foot front yard setback variance and a five foot parking lot setback variance for the existing library and associated parking lot. Planning Commission Minutes February 22, 1994 n r["",.f)Y;r-'~'1j:'\.~ .rHfbrffi ~W'ti0ti~~illJ~~~ Page 3 . Chairman Tveite opened the public hearing. There being no comments from the public, Chairman Tveite closed the public hearing. COMMISSIONER EBERLEY MOVED TO RECOMMEND APPROVAL OF THE VARIANCE BY THE CITY OF ELK RIVER, PUBLIC HEARING, CASE NO. V 94-01, CITING STAFF'S MEMO. THE REQUEST MEETS THE FIVE STANDARDS FOR GRANTING A VARIANCE. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 8. Consider A Reauest For Preliminary Plat bv Country Ridae Partnership, Public Hearinq, Case No. P 94-02 staff report presented by Steve Ach. The applicant requested preliminary plat approval to subdivide approximately 40 acres into 98 single family lots. Tony Emmerich, applicant, asked if the park trail could be in front of the yards, not on the back side. Mr. Emmerich stated that it is hard to sell lots with trails in the rear yards and had concerns relative to security and privacy of property owners next to the trail. Dave Anderson, Chairman of the Park and Recreation Board, reviewed the options presented to the Park and Recreation Board and explained why this option was chosen. . Mr. Emmerich requested if the trail is constructed within rear yards that he be given a credit to erect a privacy fence between the trail and the homes. Further, he stated he did not intend to comply with two requirements in staff's memo, condition #7 and # 14. Commissioner Kreger questioned Mr. Emmerich as to why he would not comply. Mr. Emmerich replied that he would not initiate public improvements for the Joplin Street extension and pay the entire cost of extending Joplin Street to Highway 10. Also, the building that must be removed is Mrs. Lakoduc's home and he would not inconvenience Mrs. Lakoduc. Steve Ach responded that condition #7 could be re-worded so the developer would not have to petition the City for public improvements, however Mr. Emmerich would be responsible for a portion of the improvement. Mr. Ach also stated that platting Joplin Street with a building in the right of way would present problems for construction of Joplin. However, he would have to check with the City Attorney if these are options for moving the building from the right of way. Chairman Tveite opened the public hearing. Sue Hecker, 13196 Mississippi Road, E.R., stated her concerns regarding the park trail. She is not in favor of the trail being behind the homes due to lack of privacy and questionable security. Steve Ach briefly reviewed the trail system for this area and suggested the Park and Recreation Board consider wider "corridors" for trails through residential areas to avoid potential problems of infringing upon resident's privacy. Dave Anderson responded. Discussion ensued between the Commissioners, staff, and Mr. Anderson. . Maria Darikson, 18210 Fresno Street, questioned what type of construction will be taking place to build these trails - will there be construction on Fresno? Terry Maurer and Dave Anderson responded. Planning Commission Minutes February 22, 1994 &~~~@W~~ Page 4 . There being no further comments, Chairman Tveite closed the public hearing. There was discussion among the Commissioners regarding: the Joplin Street extension to Highway 10, traffic and plat access, easements, and an EA W. The Commission emphasized the need to complete the extension of Joplin Street for Highway 10 as part of this plat. COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT BY COUNTRY RIDGE PARTNERSHIP/PUBLIC HEARING, CASE NO. P 94-02, CITING STAFF'S MEMO AND INFORMATION GATHERED AT THE PUBLIC HEARING. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: 1. A PLAN BE SUBMITTED TO THE CITY IDENTIFYING THE LOCATION OF ALL MAILBOXES AND A DETAIL ILLUSTRATING THE UNIFORM MAILBOX DESIGN THAT WILL BE USED THROUGHOUT THE PLAT. 2. THE DEVELOPER PROVIDE A LANDSCAPE PLAN TO THE CITY FOR APPROVAL ILLUSTRATING BERMING AND LANDSCAPING ALONG JOPLIN STREET AND COUNTY ROAD NO. 30. 3. HUDSON STREET, CONNECTING WITH COUNTY ROAD NO. 30 IS NOT NEEDED FOR EMERGENCY VEHICLES OR TYPICAL TRAFFIC MOVEMENTS, THEREFORE, BE REMOVED. 4. IF CONNECTED TO JOPLIN STREET, LOT 1, BLOCK 6, SHALL BE ELIMINATED AND THE DIFFERENCE MADE UP WITHIN BLOCK 6. . 5. RESTRICTED ACCESS ALONG COUNTY ROAD NO. 30 SHALL BE MADE PART OF THE PLAT. 6. 182 AVENUE AND HUDSON STREET OFF OF ORONO PARKWAY SHOULD BE ADJUSTED TO LINE UP WITH THE SIDE PROPERTY LINE AND REAR PROPERTY LINE, RESPECTIVELY, REDUCING THE IMPACT OF INCOMING CARS ON THOSE RESIDENTIAL HOMES. 7. PUBLIC IMPROVEMENTS TO SERVE THE PROPOSED PLAT INCLUDE THE EXTENSION OF JOPLIN STREET TO HIGHWAY 10 AND ORONO PARKWAY TO JOPLIN STREET. 8. A GRADING PLAN BE REVIEWED AND APPROVED BY THE CITY ENGINEER PRIOR TO RELEASING THE PLAT FOR RECORDING. 9. A DEVELOPMENT PLAN BE SUBMITTED ILLUSTRATING TYPES OF HOMES AND LOWEST FINISH FLOOR ELEVATIONS AND APPROVED BY THE CITY ENGINEER PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 10. PARK DEDICATION BE PAID PRIOR TO RELEASING FINAL PLAT FOR RECORDING. 11. NECESSARY PEDESTRIAN TRAILS BE PROVIDED WITHIN THE PLAT AS APPROVED BY THE CITY COUNCIL. 12. TREE PRESERVATION EFFORTS BE INCORPORATED INTO THE CONSTRUCTION OF PUBLIC IMPROVEMENTS TO SERVE THIS PLAT AS WELL AS EACH INDIVIDUAL HOME. . Planning Commission Minutes February 22, 1994 . 13. 14. 15. 16. 17. 18. 9. . 0\ !~.. t f"'~;.~ Page 5 AN ENVIRONMENTAL ASSESSMENT WORKSHEET BE PREPARED AND FINALIZED PRIOR TO FINAL PLAT APPROVAL BY THE CITY COUNCIL. ALL BUILDINGS LYING WITHIN THE JOPLIN STREET RIGHT OF WAY OR WITHIN THE PLAT BE REMOVED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. RELOCATION OF THE US WEST CABLE LINE BE RESOLVED PRIOR TO FINAL PLAT REVIEW BY THE CITY COUNCIL. PROPER EASEMENTS BE DEDICATED AS PART OF THE PLAT TO FACILITATE THE EXTENSION OF UTILITIES TO SERVE THE PLAT. RECOMMENDATIONS FROM THE PARK AND RECREATION BOARD BE INCORPORATED INTO THE PRELIMINARY PLAT. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Consider A Conditional Use Permit Request bv Elk River Municipal Utilities, Public Hearinq, Case No. CU 94-03 Staff report presented by Steve Ach. Elk River Municipal Utilities requested a conditional use permit to operate a new filtration plant and back wash pond at 18586 Gary Street. Chairman Tveite opened the public hearing. There being no comments from the public, Chairman Tveite closed the public hearing. There was discussion among the Commissioners relating to sedimentation collected in the pond and if the pond is lined. Terry Maurer responded that the pond is not lined and sedimentation would be cleaned out about every ten years. COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT BY ELK RIVER MUNICIPAL UTILITIES, PUBLIC HEARING, CASE NO. CU 94-03, CITING STAFF'S MEMO. THE REQUEST MEETS THE SEVEN STANDARDS FOR GRANTING A CONDITIONAL USE PERMIT AND IS CONSISTENT WITH THE COMPREHENSIVE PLAN. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITION: 1. A LANDSCAPING PLAN BE PREPARED AND COORDINATED WITH CITY STAFF FOR IMPLEMENTATION DURING THE SUMMER OF 1994. 2. CONSIDERATION BE GIVEN TO EITHER PAINTING OR IMPROVING THE ARCHITECTURAL APPEARANCE OF THE BUILDING. . COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. Planning Commission Minutes February 22, 1994 o.....,.#.,\r.rn@@...rmo. wl~~ l~Jru LutWv LbWJ Page6 . 10. Consider An Ordinance Amendment by The City of Elk River to Amend Sections of the Zonina Ordinance, Public Hearinq, Case No. OA 94-01 Staff report presented by Gary Schmitz. Consider a request to amend Section 900.20, Section 900.12, and Section 900.18 of the Elk River City Code relating to accessory structures. Chairman Tveite opened the public hearing. There being no comments from the public, Chairman Tveite closed the public hearing. Commissioner Eberley expressed her appreciation to Mr. Schmitz for the depth of research Mr. Schmitz did regarding this amendment. COMMISSIONER EBERLEY MOVED TO RECOMMEND ADOPTION OF THE ORDINANCE AMENDMENT RELATING TO ACCESSORY STRUCTURES BY THE CITY OF ELK RIVER, PUBLIC HEARING, CASE NO. OA 94-01, CITING STAFF'S MEMO AS FINDING OF FACT. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 11. OTHER BUSINESS Custom Motors Update - Staff will be requesting the City Council initiate the rezoning of Custom Motors to be in compliance with the Comprehensive Plan. The specific rezoning request will be to change from its current designation of 11 (Light Industrial) to R 1 b (Single Family Residential). If the Council initiates this rezoning request, it will come before the Planning Commission in March. . Steve Ach stated there would be a joint City Council and Planning Commission meeting on March 23, 1994, at 6:30 p.m. to discuss the Comprehensive Plan and the list of issues presented to staff by the Planning Commission. Mr. Ach suggested the Planning Commission review these issues and condense the list into a number of "major" issues to present to the Council. Discussion ensued. it was decided that Steve Ach would draft an outline of "major" issues and present this outline to the Planning Commission at their next Workshop. Commissioner Eberley stated that the Annual State Planning Conference will be held in October and that the Planning Commission will be sending 3 Commissioners. 10. Adjournment There being no further business, COMMISSIONER EBERLEY MOVED TO ADJOURN THE MEETING. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at approximately 10:05 p.m. Respectfully submitted, . : , 1/ ,_,,<; ,~:ftLl/l/'L Catherine M. Schmidt Recording Secretary