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06-28-1994 PC MIN ~'m@Wf' . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, JUNE 28, 1994 Members Present: Chairman Tveite, Commissioners Eberley, Kreger, Kuester, Minton, and Tacheny. Members Absent: Commissioner Carr Staff Present: steven B. Ach, City Planner, Gary Schmitz, Planning Assistant, Troy Langer, Planning Intern, Steve Rohlf, Building & Zoning Administrator, Terry Maurer, City Engineer, Peter Beck, City Attorney, Catherine Schmidt, 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 Chairman Tveite. . Commissioner Minton added 6.1, Visit to Otsego Planning Commission. COMMISSIONER MINTON MOVED TO APPROVE THE AMENDED 6/28/94 PLANNING COMMISSION AGENDA. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER MINTON MOVED TO APPROVE THE 4/26/94 PLANNING COMMISSION MINUTES. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER MINTON MOVED TO APPROVE THE 5/24/94 PLANNING COMMISSION MINUTES. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 48 ...........>...PIHlirlina..C8rhrhission..Reoresenf8tive..fH..Aftena..@itY@ouncill...Meeftno................... It was indicated Commissioner Kuester would attend the 7/5/94 City Council meeting to be held at Elk River City Hall and Chairman Tveite would attend the 7/18/94 City Council meeting to be held at Elk River City Hall. . Planning Commission Minutes June 28, 1994 &'NWWE~ Page 2 . q'lRevil:=Avdfco88ttio8dltJsepermHBVcommerc:ll51Asol1dlKcU94;Ot' Staff report presented by Stephen Rohlf. Commercial Asphalt Company has an asphalt plant in an existing gravel pit located in the southwest corner of the intersection of County Road 33 and Highway 169. One of the conditions of that renewal was a review by the Planning Commission in June, 1994, to address the "odor" issue presented by surrounding neighbors. This was not a formal public hearing, however, Mr. Rohlf did send notification of this request to the surrounding property owners. Mr. Rohlf stated that he did not received any comments from the public regarding Commercial Asphalt or the odor issue. Chairman Tveite informed the public that this is not a public hearing, however, he would receive comments from the public. No one responded. Chairman Tveite thanked Commercial Asphalt for their efforts in resolving the concerns of the neighbors and the community. Staff report presented by Gary Schmitz. Solid Rock Church requested a conditional use permit to operate a school accommodating grades K-12 from the existing church facility. . Terry Maurer commented on the traffic study prepared by Benshoof & Associates stating he concurred with the conclusion reached by the Benshoof report. Chairman Tveite announced the public hearing was continued from last month's Planning Commission meeting and anyone wishing to speak could do so now. Gary Kleis, 19815 Irving Street, Elk River, expressed his concerns regarding the already congested intersection of 197th and Irving. Further concerns include students of the school driving and adding to the traffic, and if City services will become available in this area necessitating assessments. Dan Schwark, 19785 Irving, Elk River, suggested a three-way stop sign at 197th and Irving. Terry Maurer responded regarding how the City determines if a stop or yield sign is warranted. John Polden, 11751-196 Avenue, Elk River, reported that traffic at these intersections is dangerous and even a yield sign would help. Mr. Polden also commented on the increased traffic of school busses in the neighborhood and stated he would not be in favor of the increased traffic this use would generate. Another concern regarded the students; will students be kept on the school grounds while school is in session? . Bill Matthews, Pastor, Solid Rock Church, informed the Planning Commission that after an independent poll by the Church, the traffic estimates are probably lower than anticipated by the Benshoof report. Also, since busses already run in this area, one or two additional busses should not be a problem. No students will be allowed off the Church property while school is in session. Planning Commission Minutes June 28, 1994 ~~'~@w~!m Page 3 . Phil Johnson, 19400 Holt Sf, Elk River, addressed concerns regarding the covenants for Brentwood. Chairman Tveite explained that the Planning Commission can not address or enforce covenants, therefore, the Planning Commission could not respond to some of Mr. Johnson's questions. Mr. Johnson also expressed concerns regarding the construction of a garage and if a conditional use permit was issued for a trailer on the site. Bill Matthews, Pastor at Solid Rock Church, stated that a conditional use permit was issued for the trailer and a building permit has been obtained for the construction involving the garage. Nadine _1-17155-155 Lane, Ramsey, stated that she is an instructor at the Solid Rock Church and explained that many of the students would be transported by carpooling. Dale Miller, 11795-196 Avenue, Elk River, informed the Planning Commission that he was at this meeting regarding another issue, however, he lives in the area and wanted the record to reflect his opposition to this request. Marge Ojay, 6935 Norris Lake Rd, stated that she was in favor of the proposal by Solid Rock Church. . There being no further comments from the public, Chairman Tveite closed the public hearing. Bill Matthews commented on some of the issues raised: approximately 60% of the students would be bussed to the school; the landscaping revision along 196th was acceptable; students would be kept on the church property during recess, etc. Commissioner Eberley expressed her concern and the concerns mentioned by the public regarding the intersections of 196th and Irving and 197th and Irving, and suggested the Planning Commission recommend the City Council conduct a feasibility study of these intersections for public safety. COMMISSIONER EBERLEY MOVED TO RECOMMENDED APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY SOLID ROCK CHURCH TO OPERATE A SCHOOL ACCOMMODATING GRADES K-12 FROM THE EXISTING CHURCH FACILITY, PUBLIC HEARING, CASE NO. CU 94-15, CITING STAFF'S MEMO, INFORMATION GATHERED AT THE PUBLIC HEARING, AND THE TRAFFIC STUDY PROVIDED BY BENSHOOF & ASSOC. AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: 1. A MAXIMUM OF 300 STUDENTS BE ALLOWED TO ATTEND THE SCHOOL. 2. ALL BUILDING AND FIRE CODE ISSUES BE ADDRESSED PRIOR TO THE BUILDING BEING USED FOR EDUCATIONAL PURPOSES. 3. A REVISED LANDSCAPE PLAN BE SUBMITTED TO STAFF PRIOR TO THE CITY COUNCIL MEETING ILLUSTRATING RELOCATING THE PROPOSED TREES FROM 195TH AVENUE TO THE NORTHERN BOUNDARY OF THIS SITE ALONG 196TH AVENUE. . Planning Commission Minutes June 28, 1994 ~"~WWf~ Page 4 . 4. NO ON-STREET PARKING WILL BE ALLOWED FOR THE SCHOOL. 5. FEASIBILITY STUDY BE COMPLETED ON THE INTERSECTIONS OF 197TH AND IRVING AND 196TH AND IRVING. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 6-0. .5..3.............. .....~~~~~i~h~....u~;#~~~f~P~j~~id~~g~~~a.bV.~~7~~~...[:;WBIC&~S~~DG.~~rG.l.~. Staff report presented by Steve Ach. Riverside Development requested preliminary plat to subdivide approximately fourteen (14) acres into four (4) commercial lots and one outlot at the June 21, 1994, Planning Commission meeting. The Planning Commission recommended approval of the preliminary plat. This request is for a development plan and a conditional use permit for site plan review. Jeff Gongoll, representing Riverside Development, updated the Planning Commission regarding the concerns and issues raised at the June 21, 1994, Planning Commission meeting and distributed "Development Standards" prepared by Riverside Development. Mr. Gongoll also distributed a lighting plan. . Issues discussed by the Planning Commission included: ensuring the design for the berm remained on the subject property, not extending to private property; landscaping regarding the center islands in the parking area; the pond area and the surrounding fence; a site plan provided by the developer; entrances to the site; lighting; trailway system; wetlands; and grading. Steve Ach, Terry Maurer, and Jeff Gongoll responded. Chairman Tveite explained to the public that the public hearing is continued from June 21, 1994, and if anyone wished to address this issue, they could do so now. Mike Brostad, 19427 Dodge St, Elk River, expressed his concerns regarding the hours of delivery activity, lighting, and the berm. Mr. Gongoll responded. Ken Williams, 19762 Brentwood Lane, Elk River, iterated concerns regarding lighting, increased traffic, entrances, and asked the Planning Commission to study this proposal further before giving a recommendation to the City Council. There being no further comments, Chairman Tveite closed the public hearing. Commissioner Kreger acknowledged previous concerns regarding incomplete plans, however, he did sympathize with the developer regarding the timing issue involved with this request. . COMMISSIONER KREGER RECOMMENDED APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST FOR SITE PLAN REVIEW AND DEVELOPMENT PLAN FOR HILLSIDE CROSSING COMMERCIAL PUD BY PHOENIX ENTERPRISES. A PUBLIC HEARING WAS HELD NOTING SOME PUBLIC OPPOSITION, CASE NO. CU 94-19, CITING STAFF'S MEMOS DATED 6/21/94 AND 6/28/94, AND INFORMATION PROVIDED AT THE PUBLIC Planning Commission Minutes June 28, 1994 ~~~i~lw~rrt:@ U~\gJ V lb~ Page 5 . HEARING AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS AS LISTED IN STAFF'S MEMO DATED 6/21/94: 1. CONTINGENT UPON PLAT APPROVAL BY THE CITY COUNCIL. 2. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND APPROVED PRIOR TO RELEASING THE FINAL PLAT. 3. A "DEVELOPMENT PLAN" OUTLINING THE OVERALL DEVELOPMENT BE APPROVED. THIS PLAN SHALL INCLUDE: . SITE PLAN . LANDSCAPING PLAN . GRADING PLAN . SETBACK PLAN . COMPLETE SIGN PACKAGE . WRITTEN NARRATIVE OF PROJECT STANDARDS 4. APPROPRIATE PERMITS BE OBTAINED FROM MN DEPARTMENT OF TRANSPORTATION AUTHORIZING GRADING AND IMPROVEMENTS IN RIGHT OF WAY. 5. ALL DEVELOPMENT PLANS BE REVISED ACCORDING TO CONDITIONS AND APPROVED BY STAFF PRIOR TO OBTAINING A BUILDING PERMIT. . 6. ALL COMMENTS MENTIONED IN THIS REPORT AND THE REPORT TO THE PLANNING COMMISSION DATED JUNE 21, 1994, BE INCORPORATED INTO THE REVISED PLANS AND BE MADE PART OF THIS APPROVAL. COMMISSIONER KREGER AMENDED CONDITION #3 TO INCLUDE THE TERM "COMPLETE" DEVELOPMENT PLAN BE APPROVED, AND ADDED CONDITION #7 and 8: 7. FENCING AROUND THE ENTIRE POND BE ADDRESSED WITH STAFF PRIOR TO THE CITY COUNCIL MEETING. 8. THE NUMBER OF SEMI TRUCKS SHALL NOT EXCEED THE NUMBER OF LOADING BERTHS. Commissioner Eberley asked staff about the hours of operation of the recycling area in back of the building. Steve Ach responded that the cardboard storage and recycling area is enclosed. Also, trucks will not be allowed to be stacked in the loading area. One suggestion is limiting the number of trucks to the equal number of loading docks. Discussion ensued. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 5-1, CHAIRMAN TVEITE VOTED AGAINST THE REQUEST. Chairman Tveite explained that he felt this proposal was incomplete and lacked the necessary information to make an informed decision. Further, he questioned whether the developer could provide the information required prior to the City Council meeting. . Planning Commission Minutes June 28, 1994 ~'NWW~W Page 6 . 5AGonsidgFOvatiahceRe6illeStHYJeffMasflev'p!..J811EHeatina'caseNb.v9$.b6> Staff report presented by Gary Schmitz. Jeff Mastley is requesting an administrative subdivision to divide a twenty (20) acre parcel into two ten (10) acre lots. The administrative subdivision will be reviewed by the City Council on July 18, however, the Planning Commission is only required to review the variance request. Jeff Mastley requested a variance for a one and a quarter acre variance for Parcel B, and a half acre variance for Parcel A to the minimum lot size of ten acres for the A 1 zoning district. Chairman Tveite opened the public hearing. There being no comments from the public, Chairman Tveite closed the public hearing. COMMISSIONER MINTON RECOMMENDED APPROVAL OF A VARIANCE TO THE MINIMUM LOT SIZE OF TEN ACRES FOR THE A 1 ZONING DISTRICT BY JEFF MASTLEY, PUBLIC HEARING, CASE NO. V 94-06, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE CONDITIONS AS PER STAFF'S MEMO: 1. THE INTENT OF THE MINIMUM LOT STANDARDS SET FORTH IN THE A 1 ZONING DISTRICT IS TO ALLOW LARGE LOT, 10 ACRE SUBDIVISIONS WITH A DENSITY OF 4 UNITS PER 40 ACRES. LITERAL ENFORCEMENT OF THE LOT AREA REQUIREMENTS IN THIS PARTICULAR CASE WOULD GO BEYOND THE INTENT OF THE ORDINANCE. . 2. LITERAL APPLICATION OF THE ORDINANCE WOULD DEPRIVE THE APPLICANT FULL USE OF THE PROPERTY WHILE KEEPING WITHIN THE INTENT OF THE ORDINANCE. THE PROPERTY OWNER ORIGINALLY PURCHASED THE 20 ACRE PARCEL, WHICH HAPPENED TO INCLUDE THE RIGHT OF WAY, MAKING IT A NOMINAL 18.5 ACRE PARCEL FOR SUBDIVISION CONSIDERATIONS. 3. THE VARIANCE WILL HAVE NO IMPACT OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE COMMUNITY AND WILL BE KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COMMISSIONER MINTON ADDED CONDITION #4: 4. APPROVAL OF THE VARIANCE REQUEST IS CONTINGENT UPON APPROVAL OF THE ASSOCIATED ADMINISTRATIVE SUBDIVISION REQUEST. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.5@onsideFdV<:kianceReaillestbvdasol'"1V8lkerS'Fh..lblrCHeartrtel'@aseNO.V94207> Staff report presented by Gary Schmitz. Jason Volkers requested a variance to exceed the maximum size of an accessory structure. Mr. Volkers' parcel is in the R1b zoning district. He currently has a 22 x 24' attached garage and proposed construction of a 26 x 36' detached accessory building to store his motor home and antique tractor. . Jason Volkers, 14115-190 1/2 Circle NW, Elk River, stated he is requesting the variance due to the size of his motor home. Planning Commission Minutes June 28, 1994 .r.;PJlrrfilu.~.~~.'lW.FD 'W~~ ! I I .~\ (~ U llJ Page 7 . Norm Volkers (applicant's father), 12700 Main St, Rogers, presented photographs of the proposed site and discussed the request. Chairman Tveite opened the public hearing. There being no comments from the public, Chairman Tveite closed the public hearing. Commissioner Kreger addressed the applicant explaining the variance process and that an applicant must show hardship to be granted approval of a variance. Commissioner Kreger further explained that he felt this request could not show hardship. COMMISSIONER KREGER RECOMMENDED DENIAL OF THE VARIANCE REQUEST TO EXCEED THE MAXIMUM SIZE OF AN ACCESSORY STRUCTURE BY JASON VOLKERS, PUBLIC HEARING, CASE NO. V 94-07, CITING STAFF'S MEMO AS FINDING OF FACT. DENIAL IS RECOMMENDED BASED ON THE FOLLOWING FINDINGS: 1. THIS WOULD NOT CAUSE UNDUE HARDSHIP IN THAT MR. VOLKERS WILL STILL HAVE THE ABILITY TO CONSTRUCT A 716 SQUARE FOOT DETACHED ACCESSORY BUILDING FOR HIS MOTOR HOME AND TRACTOR. 2. PROPERTY OWNERS IN THIS AREA ARE ALSO SUBJECT TO THE SAME REQUIREMENTS FOR ACCESSORY STRUCTURES, THEREFORE, THE SITUATION IS NOT UNIQUE TO THE VOLKERS' PROPERTY. . 3. LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WILL NOT DEPRIVE THE PETITIONER OF THE RIGHTS ENJOYED BY OTHER PROPERTIES IN THIS SAME DISTRICT AND THAT THE TERMS OF THIS ORDINANCE FOR THE VARIANCE WILL NOT BE KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. .$.6.. ......(3p@;lcier(jp...#.ri1endment....tO...H"le...OeveJOQment...Pldh....and....COnditiOnol...Os@permit. fOrsit@PldhReviewt:l\iRrausAndersoI""lIEPCl.FhJbIiCHeal'ina>eOseNo.ClJ94@4\ Staff report presented by Steve Ach. Kraus Anderson requested an amendment to the Development Plan and Conditional Use Permit for Site Plan approval of Phase I relating to the Elk Park Center Commercial Planned Unit Development. Mike Shields, Architect, reviewed the original development plan and illustrated the proposed changes. Chairman Tveite asked staff about the signage requirements. Steve Ach responded. Chairman Tveite opened the public hearing. . Geoffrey Jarpe, Attorney representing Scott Erickson, debated whether this request should be considered at this time due to a question about the ownership of the land and the partnership agreement. Planning Commission Minutes June 28, 1994 ~~,~@w~w Page 8 . Peter Beck advised the Planning Commission that it would be acceptable to act on the Conditional Use Permit whether or not there is some type of dispute regarding the partnership agreement. There being no further comments from the public, Chairman Tveite closed the public hearing. Commissioner Eberley commented on the northerly access point and recommended the developer make this access as safe as possible. COMMISSIONER KREGER RECOMMENDED APPROVAL OF AN AMENDMENT TO THE DEVELOPMENT PLAN AND THE CONDITIONAL USE PERMIT FOR SITE PLAN APPROVAL FOR ELK PARK CENTER COMMERCIAL PUD BY KRAUS ANDERSON, PUBLIC HEARING, CASE NO. CU 94-24, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: 1. THE SOUTHERNMOST ENTRANCE OFF OF FREEPORT AVENUE BE READJUSTED TO PROVIDE CONVENIENT INGRESS AND EGRESS TO THE COMMERCIAL PROJECT. 2. THE DETAILS OF REVISIONS THAT NEED TO TAKE PLACE BE INCLUDED IN THE FINAL SET OF PLANS FOR APPROVAL FOR PHASE I. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. ~ Staff report presented by Troy Langer. Tom Wiley requested a conditional use permit to excavate a pond area within an existing wetland to create a more natural scenic area for wildlife viewing. Chairman Tveite opened the public hearing. There being no comments from the public, Chairman Tveite closed the public hearing. COMMISSIONER EBERLEY RECOMMENDED APPROVAL OF A CONDITIONAL USE PERMIT TO EXCAVATE A POND AREA WITHIN AN EXISTING WETLAND BY TOM WILEY, PUBLIC HEARING, CASE NO. CU 94-22, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: 1. NONE OF THE EXCAVATED MATERIAL IS PLACED BACK INTO THE WETLAND BOUNDARY. 2. ALL SLOPED AREAS SHALL HAVE A MAXIMUM RATIO OF FOUR (4) FEET HORIZONTAL TO ONE (1) FOOT VERTICAL. 3. SLOPED AREAS SHALL BE PLANTED WITH GROUND COVER SUFFICIENT TO CONTAIN THE SOIL. GROUND COVER SHALL BE MAINTAINED AS NECESSARY UNTIL AREA IS SELF SUSTAINING. SILT FENCING BE REQUIRED UNTIL GROUND COVER IS SELF SUSTAINING. . Planning Commission Minutes June 28, 1994 Page 9 . 4. POND BE NO DEEPER THAN FOUR (4) TO FIVE (5) FEET IN DEPTH, EXCEPT IN CURRENT POND AREAS, WHERE POND DEPTH IS ESTIMATED AT SIX (6) FEET DEEP. 5. ALL EXCAVATION OR FILLING SHALL NOT DISRUPT THE OVERALL DRAINAGE PATTERNS FOR THE AREA. 6. CONTRACTOR AND PROPERTY OWNER WORK WITH THE DEPARTMENT OF NATURAL RESOURCES TO CONSTRUCT A POND THAT IS BENEFICIAL TO WILDLIFE. 7. APPROVAL OF THIS RECOMMENDATION BE CONTINGENT UPON APPROVAL BY THE U.S. ARMY CORPS OF ENGINEERS AND THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES. 8. PROJECT BE COMPLETED IN ONE (1) CONSTRUCTION SEASON. 9. HOURS OF OPERATION BE WITHIN CITY CODE REQUIREMENTS. 10. FENCING BE PLACED AROUND EXISTING OAK TREES TO PREVENT DAMAGE WHEN EXCAVATED SOIL IS SPREAD THROUGHOUT THE APPLICANTS PROPERTY. 11. PROPOSED ISLAND REMAIN UNEXCAVATED AREA. . COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 6-0. Commissioner Kreger stated that due to a conflict of interest, he would abstain from discussion and voting on the next item, Agenda Item 5.8. .5.8............... (}()nsi~~,..8..L()~dQs~.~rn~l19rn~ritClrlfJ..~()rl~..@~ef1g~..rf3gtJ~st..9*q~rlt1is..~I1~~rs()l1, ......Pubibl-ledrihd,CdseNo;LUA94+S0ridZC94W{.. ... ..... ... . ...... . Staff report presented by Gary Schmitz. Dennis Anderson requested to amend the Comprehensive Land Use Plan from MR (Medium Density Residential) to HB (Highway Business). The request also involves rezoning from R1c (Single Family Residential) to C3 (Highway Commercial). Dennis Anderson addressed the Planning Commission regarding traffic concerns, the southern parcel he owns, and access to the subject parcel. Chairman Tveite opened the public hearing. Jeff Peltier, 11965- 195 Circle, Brentwood, Elk River, stated that the proposed outlot was originally designated residential and he is opposed to this type of proposal. Mike Fox, 11747-197 Avenue, Elk River, asked staff to define the term "Neighborhood Commercial." Gary Schmitz explained. . Bob Sturgis, 11789-197 Avenue, Elk River, expressed his concerns regarding traffic; opposed to this proposal. Planning Commission Minutes June 28, 1994 t:"~II1'Te fffi UlJW~@ Page 10 . Gary Kleis, 19815 Irving Avenue, Elk River, iterated previous concerns; opposed to this proposal. Paul Ostmoe, 19644 Irving Avenue, Elk River, stated he is opposed to commercial development in that area and he is opposed to this project. Dale Miller, 11795-196 Avenue, Elk River, iterated previous concerns; opposed to this proposal. Ken Williams, 19762 Brentwood Lane, Elk River, commended Dennis Anderson for the quality of previous projects, however, he is opposed to this type of project in a residential neighborhood. Dan Schwark, 19785 Irving Avenue, Elk River, opposed to this proposal. Phil Johnson, 19400 Holt Street, Elk River, presented the Planning Commission with signatures of area residents stating they were opposed to this proposal. Mr. Johnson stated he is opposed to this proposal. Doug Waletzko, 19688 Ulysses St., Elk River, stated he is opposed to this project. . Rolf Anderson, 19411 Irving Circle, Elk River, iterated previous concerns and asked the Planning Commission to take into consideration that this is a residential neighborhood. Mr. Anderson continued that this is an outlot in a residential neighborhood and the surrounding residents do not want commercial development in this location. Mr. Anderson is opposed to this proposal. Sue Weiser, 11696-197 Avenue, Elk River, stated she is opposed to this project. Dennis Anderson explained his request and reason for the zone change and land use amendment. Jeff Peltier, 11965-195 Circle, Elk River, questioned staff regarding the notice to surrounding residents. Mr. Peltier did not feel the 350 foot radius is sufficient in all cases. Peter Beck explained the notification radius is mandated by the State. Ken Lueck, 11388-198 Avenue, Elk River, iterated previous concerns; opposed to this project. Jenny Stone, 19783 Lowell Street, Elk River, iterated previous concerns; opposed to this project. There being no further comments from the public, Chairman Tveite closed the public hearing. . COMMISSIONER MINTON RECOMMENDED DENIAL OF THE LAND USE AMENDMENT AND ZONE CHANGE REQUEST BY DENNIS ANDERSON, PUBLIC HEARING, CASE NO. LUA 94-5 AND ZC 94-6, CITING STAFF'S MEMO AS FINDING OF FACT. DENIAL IS RECOMMENDED BASED ON CONSIDERABLE PUBLIC OPPOSITION WITH THE FOLLOWING REASONS: Planning Commission Minutes June 28, 1994 ~ "r,::, fR\ 'tViI [ l! II ~~illJ Page 11 . 1. THE GROWTH MANAGEMENT PLAN GOALS AND POLICIES STATE THAT COMMERCIAL DEVELOPMENT SHOULD BE LOCATED TO STRENGTHEN THE DOWNTOWN AREA AND STRIP OR SCATTERED COMMERCIAL SITE ALONG MAJOR ROADWAYS BE AVOIDED. 2. THE PROPOSED REZONING WOULD ALLOW POTENTIAL INTENSIVE COMMERCIAL ACTIVITIES IMMEDIATELY ADJACENT TO EXISTING RESIDENTIAL AREAS. WITHOUT A NATURAL BUFFER OR PHYSICAL SEPARATION, THE COMPATIBILITY OF HIGHWAY BUSINESS AND LOW DENSITY RESIDENTIAL IS QUESTIONABLE IN THIS LOCATION. 3. THE NEED FOR ADDITIONAL HIGHWAY COMMERCIAL WITHIN THE HIGHWAY 169 CORRIDOR, AS WELL AS THE POSSIBILITY OF A NEIGHBORHOOD COMMERCIAL DESIGNATION ARE CURRENTLY BEING STUDIED WITH THE UPDATING OF THE CITY'S GROWTH MANAGEMENT PLAN. THEREFORE, A DECISION ON THE APPROPRIATENESS OF COMMERCIAL IN THE SUBJECT AREA SHOULD BE DELAYED UNTIL THE UPDATED COMPREHENSIVE STUDY IS COMPLETED. 4. THE TRAFFIC ISSUES, SUCH AS THE LACK OF A SIGNALIZED INTERSECTION AT THE CORNER OF 197TH AND HIGHWAY 169, AND THE LACK OF DIRECT ACCESS TO HIGHWAY 169, ALONG WITH THE INABILITY TO UTILIZE A FRONTAGE ROAD CONCEPT FOR THIS SITE LED TO CONCERNS AS TO HOW COMMERCIAL TRAFFIC WILL INTEGRATE WITH THE RESIDENTIAL NEIGHBORHOOD. . COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 5-1, Commissioner Kreger abstained. Staff report presented by Steve Ach. Riverside Development requested a rezoning of approximately forty (40) acres from R1e (Single Family Residential) to PUD (Planned Unit Development). Chairman Tveite opened the public hearing. Doug Waletzko, 19688 Ulysses Street, Elk River, asked staff to explain the term PUD (Planned Unit Development). Ken Lueck, 11388-198 Avenue, Elk River, does not feel the rezoning request should be approved just for density purposes. Matt Timinski, 11260-198 Avenue, Elk River, expressed concerns regarding traffic and density issues. Sharon Waletzko, 19688 Ulysses Street, Elk River, asked staff for further details regarding the back of the proposal. . There being no further comments from the public, Chairman Tveite closed the public hearing. Planning Commission Minutes June 28, 1994 Page 12 . COMMISSIONER KREGER RECOMMENDED APPROVAL TO REZONE APPROXIMATELY FORTY (40) ACRES FROM R1 E (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT) BY RIVERSIDE DEVELOPMENT, PUBLIC HEARING, CASE NO. ZC 94-7, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: 1. THE REZONING TO PLANNED UNIT DEVELOPMENT IS CONTINGENT UPON THE PROPOSED PLAT BEING APPROVED BY THE CITY COUNCIL. 2. THE PLANNED UNIT DEVELOPMENT ZONING WILL ALLOW FOR VARIATION IN LOT SIZES ACCORDING TO THE SURROUNDING NATURAL FEATURES. 3. THE REZONING TO PLANNED UNIT DEVELOPMENT WILL BE CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN MAP DESIGNATION OF MR (MEDIUM DENSITY RESIDENTIAL). 4. THE PLANNED UNIT DEVELOPMENT ZONING DESIGNATION ALLOWING A VARIATION OF LOT SIZES WILL KEEP IN SPIRIT WITH THE INTENT OF THE R1E ZONING DISTRICT TO MAINTAIN LARGER LOT SIZES WITHIN THE WOODED AREAS. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. . ............"......."".............................................""""".........................--.-...--.........,.......----...-......................."............ 5..1.0.......... ....@()hsid~I'.....q.....c:9iiqifi9Dql.....Qs@......P.~rrY1it......~@g(j@~f......qr\CJnPr@lifl1ir1q@{......p.@t......r~g(j~st ...Pl: Riverside Deve!6bmehf'FMblidHeorihd,CdseNb. CtJ 94+260hdP94fQ6 staff report presented by Steve Ach. Riverside Development requested preliminary plat approval to subdivide approximately forty (40) acres into 88 single family lots and a conditional use permit to develop a residential planned unit development. Terry Maurer addressed the Planning Commission regarding his memo to Steve Ach. Mr. Maurer stated he felt comfortable with the changes already made per his suggestions and was assured the developer will address his other concerns. Jeff Gongoll, Riverside Development, reviewed the areas of concern from staff's memo. Chairman Tveite opened the public hearing. Matt Timinski, 11260-198 Avenue, Elk River, asked staff for additional information regarding traffic concerns, park dedication, and the trailway system. Doug Waletzko, 19668 Ulysses, Elk River, expressed his concerns regarding the trailway system, park area, and density; opposed to this project. Sharon Waletzko, 19668 Ulysses, Elk River, iterated concerns regarding the trailway system on the back sides of residential property; opposed to this project. . Ken Lueck, 11388-198 Avenue, Elk River, questioned staff regarding an easement. Steve Ach responded. Mr. Lueck is opposed to this project. Planning Commission Minutes June 28, 1994 Page 13 . There being no further comments from the public, Chairman Tveite closed the public hearing. COMMISSIONER EBERLEY RECOMMENDED APPROVAL OF THE CONDITIONAL USE PERMIT TO DEVELOP A RESIDENTIAL PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT APPROVAL TO SUBDIVIDE APPROXIMATELY FORTY (40) ACRES INTO 88 SINGLE FAMILY RESIDENTIAL LOTS BY RIVERSIDE DEVELOPMENT, PUBLIC HEARING, CASE NO. CU 94-26 AND P 94-06, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: A. PRELIMINARY PLAT TO SUBDIVIDE APPROXIMATELY 40 ACRES WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. COMMENTS FROM TERRY MAURER'S JUNE 15, 1994, MEMO BE ADDRESSED AND INCORPORATED INTO THE PLAT. 3. A COMPLETE WETLAND DELINEATION BE CONDUCTED AND INCORPORATED INTO THE PLAT. ALL IDENTIFIED WETLANDS SHOULD BE PROTECTED WITH A DRAINAGE AND UTILITY EASEMENT. . 4. RECOMMENDATION FROM THE PARK AND RECREATION COMMISSION BE INCORPORATED INTO THE PRELIMINARY PLAT PRIOR TO BEING SUBMITTED TO THE CITY COUNCIL. IF THE RECOMMENDATION IS FOR PAYMENT OF CASH, THIS CASH PAYMENT SHALL BE MADE BASED ON THE FEE AT THE TIME OF FINAL PLAT APPROVAL. 5. STREET LIGHTS BE PROVIDED THROUGHOUT THE PLAT AS REQUESTED BY THE CITY. 6. A DEVELOPMENT PLAN BE SUBMITTED FOR CITY REVIEW AND APPROVAL. PLANS SHOULD IDENTIFY FINISHED FLOOR ELEVATIONS, LOT CORNER ELEVATIONS, AND TYPE OF HOME. THIS PLAN NEEDS TO BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS. 7. PRELIMINARY PLAT APPROVAL IS CONTINGENT UPON THE ZONE CHANGE TO PLANNED UNIT DEVELOPMENT BEING APPROVED BY THE CITY COUNCIL. 8. PAYMENT OF STORM DRAINAGE IMPACT FEE OF $100 PER LOT BE MADE PRIOR TO RELEASE OF FINAL PLAT FOR RECORDING. 9. PAYMENT IN THE AMOUNT DETERMINED BY THE CITY ENGINEER BE MADE TO COVER THE COST OF SEAL COATING THE STREETS BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 10. ALL OUTLOTS INTENDED TO BE USED FOR TRAIL CORRIDORS BE DEEDED TO THE CITY. . Planning Commission Minutes June 28, 1994 14 . 11. THE EAW BE ACTED ON BY THE CITY COUNCIL PRIOR TO CONSIDERING THE FINAL PLAT. 12. NECESSARY DRAINAGE AND UTILITY EASEMENTS BE PROVIDED THROUGHOUT THE PLAT. 13. THE VACANT AREAS SOUTH AND EAST OF 195TH AND AUBURN, AND NORTH AND WEST OF 194TH AND AUBURN BE INCLUDED IN THE PLAT EITHER AS PARK LAND (IF RECOMMENDED BY THE PARK AND RECREATION COMMISSION) OR AS AN OUTLOT TO BE REPLATTED AT A FUTURE DATE. 14. A TREE PROTECTION PLAN BE SUBMITTED WITH EACH BUILDING PERMIT. B. CONDITIONAL USE PERMIT FOR A RESIDENTIAL PLANNED UNIT DEVELOPMENT WITH THE FOLLOWING CONDITIONS: 1. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED OUTLINING THE STANDARDS FOR HILLSIDE ESTATES FOURTH ADDITION. 2. A LANDSCAPE PLAN BE SUBMITTED OUTLINING THE PROPOSED LANDSCAPING IMPROVEMENTS FOR THE PLANNED UNIT DEVELOPMENT AS WELL AS THE LANDSCAPING TO MEET THE CITY'S ORDINANCE REQUIREMENTS. . 3. DEVELOPER PROVIDE A DETAIL OF THE TYPICAL MAILBOX DESIGN THAT WILL BE USED THROUGHOUT THE ENTIRE DEVELOPMENT 4. SETBACKS MEET THE FOLLOWING: HOUSE FRONT YARD SIDE YARD CORNER SIDE YARD REAR YARD 30 FEET 10 FEET 30 FEET 30 FEET GARAGE FRONT YARD SIDE YARD CORNER SIDE YARD REAR YARD 30 FEET 6 FEET 30 FEET 6 FEET COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 6-0. Staff report presented by Steve Ach. Country Ridge partnership requested preliminary plat approval to subdivide approximately forty-one (41) acres into fifty-nine (59) single family residential lots and two outlots. . Chairman Tveite opened the public hearing. There being no comments from the public, Chairman Tveite closed the public hearing. Planning Commission Minutes June 28, 1994 Page 15 . Commissioner Minton asked the developer about possibly realigning Macon and the trees on Lots 19, 20, and 21. The developer responded that realigning Macon would be no problem and they will try to save as many trees as possible on Lots 19,20, and 21. Commissioner Eberley commented on the developer providing a detailed landscape plan with the proposal, as required by all requests before the Planning Commission. COMMISSIONER MINTON RECOMMENDED APPROVAL PRELIMINARY PLAT OF COUNTRY CROSSINGS SECOND ADDITION BY COUNTRY RIDGE PARTNERSHIP, PUBLIC HEARING, CASE NO. P 94-08, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: 1. TERRY MAURER'S MEMO DATED JUNE 15, 1994, BE INCORPORATED INTO THE REVISED PRELIMINARY PLAT AND DEVELOPMENT PLANS. 2. THE PRELIMINARY PLAT WILL BE ALLOWED TO HAVE ONE ACCESS POINT ONTO COUNTY ROAD NO. 30 AND THAT ACCESS POINT ALIGN WITH MACON STREET SOUTH OF COUNTY ROAD NO. 30. 3. THE DEVELOPER SUBMIT A PLAN TO THE CITY IDENTIFYING THE LOCATION OF ALL MAIL BOXES AND DETAIL ILLUSTRATING THE UNIFORM MAIL BOX DESIGN THAT WILL BE USED THROUGHOUT THE PLAT. . 4. THE DEVELOPER PROVIDE A LANDSCAPE PLAN TO THE CITY FOR APPROVAL ILLUSTRATING BERMING AND LANDSCAPING ALONG COUNTY ROAD NO. 30 AND JOPLIN STREET. SAID PLAN SHOULD CONSIST OF A COMBINATION OF CONIFERS AND SHRUBS WHICH WILL HELP BUFFER AND PROVIDE AN AESTHETIC STREET SCAPE. 5. FINAL PLAT INCLUDE A RESTRICTED ACCESS ALONG COUNTY ROAD NO. 30. 6. THE EXISTING HOMESTEAD AND ALL ASSOCIATED OUT BUILDINGS BE REMOVED FROM THE PROPERTY PRIOR TO RECORDING THE FINAL PLAT. 7. DEVELOPER GRANT THE NECESSARY DRAINAGE AND UTILITY EASEMENTS TO FACILITATE THE EXTENSION OF PUBLIC UTILITIES TO SERVE THIS PROPERTY AND THE WESTERN AREA. 8. A GRADING PLAN BE REVIEWED AND APPROVED BY THE CITY ENGINEER PRIOR TO COMMENCING GRADING ON SITE. 9. A DEVELOPMENT PLAN BE SUBMITTED ILLUSTRATING TYPES OF HOMES AND LOWEST FLOOR ELEVATIONS AND BE APPROVED BY THE CITY ENGINEER PRIOR TO ISSUING BUILDING PERMITS. 10. NECESSARY TRAIL CORRIDORS BE PROVIDED WITHIN THE PLAT AS APPROVED BY THE CITY COUNCIL. . 11. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. Planning Commission Minutes June 28, 1994 Page 16 . 12. ONE 2" CALIPER OVERSTORY TREE BE PROVIDED EVERY SIXTY (60) LINEAL FEET THROUGHOUT THE PROPOSED SUBDIVISION. THESE TREES SHOULD BE IDENTIFIED ON THE PROPOSED LANDSCAPE PLAN SUBMITTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 13. A STORM WATER IMPACT FEE OF $100 PER LOT BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 14. PAYMENT FOR SEAL COATING THE STREETS IN THE AMOUNT AS DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RECORDING THE PLAT. 15. A TREE PRESERVATION PLAN BE SUBMITTED IDENTIFYING EXISTING TREES THAT WILL BE MOVED DURING CONSTRUCTION. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6. Other Business Commissioner Minton updated the Planning Commission regarding the Otsego Planning Commission meeting he and Commissioner Kuester attended. Commissioner Kuester commented on the historical district for a small town. . The Planning Commission members requested staff contact Chris Carr to discuss his commitment to the Planning Commission. There being no further business, COMMISSIONER KREGER MOVED TO ADJOURN THE MEETING. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at approximately 11 :50 p.m. Respectfully submitted, CaMJPd~ Yn.6:AIY)I(;t/J Catherine M. Schmidt Recording Secretary .