03-23-1993 PC MIN
~ MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT THE ELK RIVER PUBLIC LIBRARY
TUESDAY, MARCH 23, 1993
Members Present: Chairman Minton, Commissioners Eberley, Johnson, Kreger,
spotts, Tveite, and Kuester (arrived at 7:10 p.m.).
Members Absent: None
Staff Present: Stephen Rohlf, Building and Zoning Administrator;
Gary Schmitz, Recycling Coordinator; Peter Beck,
City Attorney; Terry Maurer, City Engineer; Catherine
Schmidt, Recording secretary.
1. Call Meeting 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 Minton.
2. Consider Planning Commission Agenda
Commissioner Johnson added discussion of the Annual Meeting and Staff
Workshop. Also added, discussion by Stephen Rohlf regarding
transportation documents, UPA Update, Top Soil, and Elk Park Center.
.
COMMISSIONER JOHNSON MOVED TO APPROVE THE 3/23/93 PLANNING COMMISSION
AGENDA. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED
6-0.
3.
Consider Planning Commission Minutes
Commissioner Johnson moved to amend the approval vote of the Planning
Commission's Annual meeting minutes.
Also, page 6, item #9, of the February 23, 1993 minutes be amended to
include the Planning Commission's suggestion to the Economic
Development Coordinator to cite the TIF plan as consistent with the
Growth Management Plan. Further, all future recommendations from the
Economic Development Coordinator should include the findings of fact.
COMMISSIONER EBERLEY MOVED TO APPROVE THE 2/23/93 PLANNING COMMISSION
MINUTES AS AMENDED. COMMISSIONER TVEITE SECONDED THE MOTION. THE
MOTION CARRIED 6-0.
4. Planning Commission Representative to Attend City Council Meeting
It was indicated Commissioner Eberley would attend the 4/19/93 City
Council meeting to be held at the Elk River Public Library.
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Commissioner Kuester arrived at approximately 7:10 p.m.
Elk River Planning Commission Minutes
March 23, 1993
Page 2
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5.
Consider a
(14) Titled
the City of
Request For an Ordinance Amendment, Section 900.12 (13) and
"Permitted, Accessory and Conditional Uses By District" by
Elk River
Stephen Rohlf, Building and Zoning Administrator briefed the Planning
Commission regarding an ordinance amendment to allow temporary
structures in the light and medium industrial zones. The Elk River
City Council directed staff to review a possible ordinance amendment.
There is a similar mechanism in the single family residential zones
allowing a trailer house as a temporary dwelling for 6 months while
constructing a permanent dwelling. Staff feels temporary structures
can be allowed in the light and medium industrial zones to accommodate
temporary needs while a permanent structure is being constructed.
However, temporary structures do raise concerns such as how to define
"temporary," how to ensure the temporary use is removed, and that the
temporary structure meet other applicable codes, especially those
involving safety issues. Stephen Rohlf stated staff is recommending
temporary structures be allowed in the industrial zones as a
conditional use so the concerns mentioned above can be addressed.
Chairman Minton opened the public hearing. There being no comments
from the public, Chairman Minton closed the public hearing.
.
Commissioner Johnson requested
that definition(s) should be
Stephen Rohlf agreed.
staff define "temporary" and whether
placed in future ordinance amendments.
COMMISSIONER SPOTTS MOVED TO RECOMMEND APPROVAL OF AN ORDINANCE
AMENDMENT, SECTION 900.12 (13)(c) and (14)(c) "PERMITTED, ACCESSORY AND
CONDITIONAL USES BY DISTRICT" BY THE CITY OF ELK RIVER, CITING STAFF'S
MEMO DATED MARCH 16, 1993.
COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 7-0.
6. Consider a Conditional Use Permit Request to Allow a Temporary Trailer
by Tescom Corporation, Inc./Public Hearing
Stephen Rohlf, Building and Zoning Administrator, explained the
applicant is requesting a conditional use permit to temporarily locate
a 12'x60' trailer for a 4-6 month period to house office personnel
during construction of a new facility. Mr. Rohlf referred the Planning
Commission to Section 900.42 "Conditional Use Permits" beginning on
page 9.118 of the Elk River City Code of Ordinances, and addressed each
of the Seven Standards for a conditional use permit request found in
Section 900.42. Stephen Rohlf stated staff is recommending approval of
Tescom's request for a conditional use permit temporarily located a
trailer on their site with two stipulations.
Chairman Minton opened the public hearing. There being no comments
from the public, Chairman Minton closed the public hearing.
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Commissioner Spotts inquired as to whether or not the trailer would be
handicap accessible and if so, what that would involve. Stephen Rohlf
.
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Elk River Planning Commission Minutes
March 23, 1993
Page 3
replied that there would be a ramp for the front entrance and the
doorways would meet codes for handicap accessibility.
Edward Cunninghan, Tescom corporation, stated the State
require handicap accessibility for a temporary structure,
Tescom would make the structure handicap accessible.
did not
however,
COMMISSIONER SPOTTS MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE
PERMIT REQUEST FOR A TEMPORARY TRAILER BY TESCOM CORPORATION, CASE
NO. CU 93-06, CITING THE SEVEN STANDARDS FOR A CONDITIONAL USE PERMIT
AND STAFF'S MEMO DATED MARCH 10, 1993, SUBJECT TO THE FOLLOWING
STIPULATIONS:
1.
THE TRAILER BE ALLOWED ON THE TESCOM SITE ONLY AFTER
BUILDING PERMIT FOR THE PERMANENT STRUCTURE HAS BEEN APPLIED
AND THE TRAILER BE REMOVED NO LATER THAN OCTOBER 31, 1993.
THE
FOR
2. THE TRAILER MEETS THE APPLICABLE BUILDING CODE REGULATIONS.
COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 7-0.
7.
Consider a Conditional Use Permit Request For Commercial Recreation by
Craig otto/Public Hearing
Stephen Rohlf, Building and Zoning Administrator, informed the Planning
Commissioner that the applicant, Craig otto, requested this item be
tabled until the April 27, 1993, meeting.
Chairman Minton opened the public hearing and tabled this request to
the April 27, 1993, meeting.
COMMISSIONER SPOTTS MOVED TO TABLE A CONDITIONAL USE PERMIT REQUEST FOR
COMMERCIAL RECREATION BY CRAIG OTTO, CASE NO. 93-07, TO THE APRIL 27,
1993, PLANNING COMMISSION MEETING.
COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 7-0.
8. Consider a Request for an Ordinance Amendment, Section 900.30
(S)(c)(ii) "Roofing Standards" by John Weicht/Public Hearing
Stephen Rohlf, Building and Zoning
applicant would be delayed and
later in the meeting.
Administrator, explained that the
requested this item be delayed until
There was no discussion of this item and it was delayed until the
applicant arrived.
9. Consider a Preliminary Plat and Associated Variance Request by David
Gow/Public Hearing
Stephen Rohlf, Building and Zoning Administrator stated the applicants,
David and Kathy Gow, are requesting preliminary plat review of
Hilltop Woods Estates and associated variance on the length of a
dead-end road. Mr. Gow is proposing to subdivide a 40 acre parcel
Elk River Planning Commission Minutes
March 23, 1993
Page 4
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creating 6 lots served by private septic and well. The 6 lots use 17
acres of the 40 acre parcel. Mr. Gow is also requesting a variance
on the maximum length of a dead-end road to construct a 1,235 foot road.
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Lot 3, Block 2 does not meet the minimum width requirement and should
be adjusted. Staff is recommending the remaining undeveloped portion of
the 40 acres be made a 7th platted lot. The applicant is not
proposing this plat as a City project. Mr. Rohlf briefed the Planning
Commission regarding the memo from Terry Maurer, City Engineer and
discussed items a-e from that memo. There are no wetlands associated
with this parcel. Stephen Rohlf suggested Mr. Maurer's other comments
from his memo be incorporated in the storm drainage plans for this
plat. Staff recommended trees that will be removed for road or house
construction, be removed immediately or have their roots severed from
adjacent trees. Trees that are to remain are to be protected from
mechanical damage by having their drip lines roped off. This area has
a high incident of Oak Wilt and Mr. Rohlf suggested the developer talk
to the County Forester. Staff anticipates soil boring being needed to
determine road design. A development plan for the construction of
houses should also be based on these borings, and this development plan
be approved prior to final plat review. One unusual concern with this
request is the Gun Club located to the immediate east of the site.
Staff is not giving a recommendation at this time, but feels this issue
should be discussed. Mr. Rohlf stated staff is recommending approval
of the plat of Hilltop Woods Estates with the 13 stipulations
detailed in staff's memo dated March 19, 1993.
Variance
Mr. Gow is requesting a variance to allow a dead-end road that is
1,235 feet in length. This dead-end is proposed to be eliminated with
future subdivisions of adjacent property and the road is extended. If
this variance is approved, the Planning Commission will also need to
consider whether the road surface ends as shown on the preliminary plat
or is carried throughout to the north line of Lot 4, Block 2. Mr.
Rohlf stated staff is recommending approval of this variance with the 3
stipulations detailed in staff's memo dated March 19, 1993.
Chairman Minton opened the public hearing.
Howard JOhnson, 19184 Lincoln Street, responded regarding the safety of
having a Gun Club next to a residential development. Further, he
suggested the developer notify potential buyers of the existing Gun
Club.
David Gracik, 19201 Meadowvale Road, stated it should be the
responsibility of the Gun Club to possible fence around the Club and/or
post warning signs. Stephen Rohlf suggested that fencing or signing be
a joint effort between Mr. Gow and the Gun Club.
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Mike Hiltner, 20431 Meadowvale Road, expressed his concern regarding
Oak Wilt in the area. Mr. Hiltner feels this is a major concern in
this particular area and would like preventative measures discussed in
more detail. Also, he suggested the developer be limited to when road
construction can be done. Mr. Hiltner suggested staff research other
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Elk River Planning Commission Minutes
March 23, 1993
Page 5
solutions to this problem including consulting a certified tree
inspector, and hold another public hearing to discuss this further.
Chairman Minton questioned Mr. Gow as to how soon he would be
planning on road construction. Mr. Gow replied he would like to be
cooperative and try to prevent spreading Oak Wilt however, this is a
development and he would like road construction to be as soon as
possible.
Commissioner Kreger suggested trees removed be dropped, removed and the
holes filled immediately to prevent the spread of OaK Wilt.
Cathy Juenemann, 20633 Meadowvale
regarding the intersection of 20Sth
an improvement be done and if
improvement? Mr. Maurer responded.
Road, discussed the safety issue
and county Road 32. Also, will
so, who's land will be used for that
Paul Juenemann, 20633 Meadowvale Road, stated the applicant's land
will be landlocked because he (Mr. Juenemann) does not intend to sell
or develop his property.
There being no further comments from the public, Chairman Minton closed
the public hearing.
Commissioner Eberley expressed her concerns regarding this preliminary
plat: drainage, safety & roads, gun club responsibility, oak wilt and
tree protection, and the length of the dead-end road. Commissioner
Eberley suggested this request be tabled and the Planning Commission
discuss it further. Commissioner Kreger replied that he felt each
individual concern could be addressed and he would like to continue
discussing it. Discussion ensued.
Commissioner Tveite suggested more definite steps be taken regarding
oak wilt.
Commissioner Eberley questioned the easement issue.
Peter Beck responded.
City Attorney
Commissioner spotts suggested staff research other Cities regarding Gun
Clubs and their responsibility.
Commissioner Kreger stated he felt this request could be resolved at
this meeting if the proper language is provided for all concerns.
COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT
OF HILLTOP WOODS ESTATES BY DAVID GOW, CASE NO. P 93-03, CITING
STAFF'S MEMO DATED MARCH 19, 1993, SUBJECT TO THE FOLLOWING
STIPULATIONS:
1. LOT 3, BLOCK 2, MEET THE CITY'S WIDTH REQUIREMENTS.
2.
THE NORTHERN PORTION OF THE 40 ACRE
WITHIN THE PLAT BOUNDARIES, IS
BUILDABLE LOT.
SITE NOT CURRENTLY INCLUDED
MADE AN OUTLOT OR AN ADDITIONAL
Elk River Planning Commission Minutes
March 23, 1993
Page 6
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3.
STREETS:
a. TERRY MAURER'S COMMENTS ARE INCORPORATED IN THE DESIGN OF THE
ROAD ASSOCIATED WITH THIS PLAT AND THAT MR. MAURER REVIEWS
AND APPROVES THE DESIGN OF THE STREETS AND INSPECTS THEM.
b. THE ROAD IN THIS PLAT IS NAMED VICTORIA DRIVE.
c.
A CONSTRUCTION PERMIT IS OBTAINED FROM THE COUNTY
DEPARTMENT TO HAVE 205TH AVENUE CONNECT TO
ROAD.
ENGINEERING
MEADOWVALE
d. THE CITY ATTORNEY VERIFY THE LEGITIMACY OF THE EASEMENT FROM
MRS. COATES TO THE CITY.
4.
MR. MAURER'S
DESIGN OF THE
APPROVED BY
CALCULATIONS
SIZE.
COMMENTS REGARDING DRAINAGE ARE INCORPORATED IN THE
STORM SEWER FOR THIS PLAT. THE DESIGN MUST BE
MR. MAURER. THE DEVELOPER MUST PROVIDE DRAINAGE
TO SHOW THAT THE EASEMENT IN THE PLAT IS ADEQUATE IN
5.
THE TREES REMOVED DURING CONSTRUCTION OF ROADS AND HOUSES HAVE
THEIR STUMPS REMOVED WITHIN 24 HOURS OR HAVE THEIR ROOTS SEVERED
FROM ADJACENT TREES PRIOR TO REMOVING THE TREES. ROOT SEVERING
SHOULD BE DONE TO THE DEPTH OF 5 FEET. FURTHER, EXPOSED ROOTS
MUST BE BURIED THE SAME DAY AS REMOVAL. THE DRIP LINE OF TREES
REMAINING AFTER CONSTRUCTION MUST BE ROPED OFF TO DEFINE AND AREA
OF NO ACTIVITY PROTECT THE TREES FROM MECHANICAL DAMAGE.
.
6. PARK DEDICATION BE AS PER THE FORTHCOMING RECOMMENDATION FROM THE
PARK AND RECREATION COMMISSION.
7. A DEVELOPMENT PLAN BASED ON SOIL BORINGS MUST BE APPROVED BY STAFF
PRIOR TO FINAL PLAT APPROVAL.
8. THE CONCERNS OF THE GUN CLUB BE CONSIDERED.
9. THE DEVELOP THE CITY FOR THE COST OF REVIEWING THE PLAT PRIOR TO
FINAL PLAT REVIEW.
10. THAT THE PUBLIC IMPROVEMENTS ARE SECURED BY A 100% LETTER OF
CREDIT PRIOR TO RECORDING THE PLAT (OR WHATEVER PERCENTAGE IS CITY
POLICY) PLUS A WARRANTY BOND IN THE AMOUNT OF 25% OF THE COST OF
THE PUBLIC IMPROVEMENTS IS PROVIDED TO THE CITY FOR A 1 YEAR
PERIOD AFTER CITY ACCEPTANCE OF THE PUBLIC IMPROVEMENTS.
11. THE IMPROVEMENTS IN THIS PLAT HAVE A COMPLETION DATE OF ONE YEAR
FROM THE DATE OF COUNCIL FINAL PLAT APPROVAL.
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12. A DEVELOPERS AGREEMENT IS ENTERED INTO REFLECTING THE STIPULATIONS
OF APPROVAL.
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Elk River Planning Commission Minutes
March 23, 1993
Page 7
13. NOTICE OF THE GUN CLUB EXISTENCE IS MADE OF RECORD SO THOSE
PURCHASING LOTS ARE AWARE.
14. THE TEMPORARY CUL-DE-SAC IS EXTENDED TO THE NORTH END OF LOT 4,
AND IS MADE FULL SIZE. THAT PORTION THAT FALLS OUTSIDE OF THE 60
FOOT RIGHT-OF-WAY IS SECURED BY TEMPORARY EASEMENTS THAT ARE
AUTOMATICALLY RELEASED WHEN THE ROAD IS EXTENDED.
15. THIS PLAT IS CONTINGENT UPON A VARIANCE BEING GRANTED FOR THE ROAD
IN THE PLAT.
COMMISSIONER TVEITE SECONDED THE MOTION.
COMMISSIONER EBERLEY OPPOSED.
THE MOTION CARRIED 6-1,
For the record, Commissioner Eberley reiterated the areas of concern as
previously stated.
VARIANCE
Chairman Minton opened the public hearing.
cathy Juenemann, 20633 Meadowvale Road, stated she opposed this
development.
There being no further comments from the public, Chairman Minton closed
the public hearing.
COMMISSIONER TVEITE MOVED TO RECOMMEND APPROVAL OF THE VARIANCE
ASSOCIATED WITH THE PRELIMINARY PLAT OF HILLTOP WOODS ESTATES BY
DAVID GOW, CASE NO. V 92-008, CITING STAFF'S MEMO DATED MARCH 19,
1993, SUBJECT TO THE FOLLOWING STIPULATIONS:
1. THE ROAD EASEMENTS FOR FUTURE ROADS SHOWN ON THE PRELIMINARY PLAT
ARE DEDICATED TO THE CITY.
2. A FULL DIAMETER CUL-DE-SAC IS CONSTRUCTED WITH TEMPORARY EASEMENTS
THAT ARE AUTOMATICALLY VACATED WHEN THE STREET IS EXTENDED.
3. THE ROAD IS EXTENDED TO THE NORTH LINE OF LOT 4 IN THE PLAT.
4. THE VARIANCE IS CONTINGENT UPON THE PLAT BEING APPROVED.
COMMISSIONER KREGER SECONDED THE MOTION.
COMMISSIONER EBERLEY OPPOSED.
THE MOTION CARRIED 6-1,
Commissioner Johnson requested staff to research and present an overall
policy regarding tree protection.
10. Consider Preliminary Plat And Associated Conditional
Requests by Irv Moldenhauer/Public Hearing
Use
Permit
Stephen Rohlf, Building and Zoning Administrator explained the
applicant's request. Mr. Moldenhauer is requesting preliminary plat
review of a plat consisting of 155 single family lots served by City
Elk River Planning Commission Minutes
March 23, 1993
Page 8
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sewer and water, proposed to be accomplished in 5
consists of 37 lots. Mr. Moldenhauer is also
an associated conditional use permit to excavate
in the floodway of the Mississippi River.
phases. Phase one
requesting approval of
a sedimentation pond
.
Mr. Rohlf stated there are lots within this preliminary plat that do
not meet these standards because of width or size. Staff recommends
that phase by phase lot sizes and widths are adjusted to meet these
standards prior to final plat. Mr. Moldenhauer has petitioned to
have the public improvements in this plat be accomplished as a City
project. As a City project, the City Engineer will be doing the design
of sewer and water, storm sewer, and streets. stephen Rohlf reviewed
Mr. Maurer's memo dated March 16, 1993. A sedimentation pond for the
storm drainage from this plat and the plat of Heritage Landing is
proposed adjacent to the east of Lot 7, Block 3, Phase IV, and Lot 14,
Block 2, Phase V. The DNR does not consider this stretch of
backwater being part of the river because there is a high point that
physically separates the actual riverbed from it. The first phase of
this plat does not require tree removal, however, future phases will
necessitate the removal of trees. specific tree protection
stipulations should be placed on these future phases during final plat
review. Specific park dedication issues will be addressed by the Park
and Recreation Commission at their April 7, 1993, meeting. Mr. Rohlf
stated staff is proposing changes to the names of several streets as
noted in staff's memo dated March 18, 1993. Further, staff feels that
Riverview Drive, if connected within the plat, is appropriately
named. As per Mr. Maurer's memo, 5 of the 6 cul-de-sacs could be
eliminated, however, the layout of the streets has good traffic flow.
An additional cul-de-sac was originally proposed at the south end of
Riverview Drive, however, staff felt connecting this cul-de-sac with
an existing cul-de-sac on Riverview Drive (to the west of this plat)
would allow better traffic flow. Stephen Rohlf expressed staff's
concern with lowest floor elevations, garage elevations, and lot
drainage patterns, and recommended a development plat be approved prior
to final plat review. Other approvals required are stated in staff's
memo dated March 18, 1993. Mr. Rohlf stated staff is recommending
approval of the preliminary plat of Mississippi Oaks with the
stipulations noted in staff's memo dated March 18, 1993.
Chairman Minton opened the public hearing.
Al Dahlin,
Drive.
13303
Riverview Drive, opposed connecting Riverview
Mark Lucas, 13346 Riverview Drive, questioned why the cul-de-sac on
Riverview Drive would be connected as emergency vehicles had
alternate routes. Further, Mr. Lucas felt this would become a
"thoroughfare" if connected.
.
Jeff Bulger, 13137
City sewer and water.
Mississippi, questioned
Mr. Maurer responded.
the petition process for
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Elk River Planning Commission Minutes
March 23, 1993
Page 9
Rose Kapitsky, 13335 Riverview Drive, stated
issue of connecting Riverview Drive and
decreased property values in her area should
she was opposed to
also discussed her fear
this plat be approved.
the
of
Tom McNair, 13328 Riverview Drive, commented
natural break between the existing cul-de-sac
the proposed through street connecting and
Drive. He opposed connecting Riverview Drive.
that there
on Riverview
continuing
was a
Drive and
Riverview
Mike Hall, 13294 Riverview Drive, specified his concerns regarding
access.
Tom Newstrom, 18141 Fresno, addressed the Planning Commission
regarding Houlton's Island. Mr. Newstrom was concerned about the
effect this proposed park would have on the wildlife. Further, he
questioned the City Engineer regarding the treatment of water from the
sedimentation pond. Mr. Maurer responded and informed the Planning
Commission that the sedimentation pond site was recommended by the
DNR. Stephen Rohlf explained that the details of the park issued would
be addressed by the Park and Recreation Commission at their April 7,
1993, meeting.
Bob Turcotte,
sedimentation
park, Houlton's
for park.
18184 Albany Street, stated
pond site. Further, he felt
Island, should remain as it is
he was opposed to the
the proposed site for the
and not be dedicated
Joyce Danforth, 13224 Riverview Drive, expressed her concern for
the children, if Riverview Drive is connected.
steve Barthel, 13241 Riverview Drive, reiterated the concern of
Riverview Drive becoming a thoroughfare if connected.
Jim Hecker, 13196 Mississippi Road, questioned if
through this plat would allow future extension of sewer
his property. Stephen Rohlf responded.
accommodations
and water to
Lee Eklund, 18232
Stephen Rohlf explained.
Albany, questioned proposed park dedication.
Discussion regarding park dedication ensued.
Ardell Dahlin, 13303 Riverveiw Drive, reiterated
concerns regarding connecting Riverview Drive.
the
safety
Jack Longie, 12925 Mississippi
traffic to City Engineer, Terry
sufficient to handle the increased
Road, directed comments regarding
Maurer. Are the proposed roads
traffic? Mr. Maurer responded.
There being no further comments from the public, Chairman Minton closed
the public hearing.
Commissioner Kuester discussed the length of cul-de-sacs and stated the
distance children are allowed to walk to a school bus is 500 feet.
Discussion ensued.
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Elk River Planning Commission Minutes
March 23, 1993
Page 10
Commissioner Tveite suggested stop signs along Riverview Drive if
connected, to reduce and control the speed.
Commissioner Kreger commented on the excessive number of cul-de-sacs
within this proposed plat. Lynn Caswell, John Oliver & Associates,
replied that cul-de-sacs are very desirable and that he would not like
to see the number reduced.
Commissioner Eberley requested
number of cul-de-sacs allowed,
and the length of the roads.
discussion regarding cul-de-sacs: the
how to deal with temporary cul-de-sacs,
Stephen Rohlf stated Jim Wenerberg called
concern regarding connecting Riverview
opposed to connecting Riverview Drive.
his
is
City Hall
Drive.
to
Mr.
express
Wenerberg
COMMISSIONER KREGER RECOMMENDED APPROVAL OF PRELIMINARY PLAT REVIEW OF
THE PLAT OF MISSISSIPPI OAKS BY IRV MOLDENHAUER, CASE NO. P 93-05,
CITING STAFF'S MEMO DATED MARCH 18, 1993, SUBJECT TO THE FOLLOWING
STIPULATIONS:
1. THIS PRELIMINARY PLAT REQUEST IS VALID FOR 1 YEAR FROM THE DATE OF
APPROVAL UNLESS AN EXTENSION IS GRANTED BY THE CITY COUNCIL.
2.
LOT SIZES AND WIDTHS ARE APPROPRIATELY ADJUSTED PRIOR TO SUBMITTAL
OF FINAL PLAT.
3. THE CITY ENGINEER PREPARES THE PLANS AND SPECS FOR ROAD, SEWER AND
WATER, AND STORM DRAINAGE.
4. PARK DEDICATION BE ACCORDING TO THE FORTHCOMING RECOMMENDATION
FROM THE PARK AND RECREATION COMMISSION.
5. SPECIFIC TREE PROTECTION CONDITIONS ARE PLACED ON FINAL PLAT.
6. ROAD NAMES ARE CHANGED AS IDENTIFIED IN THIS MEMO.
7. LOT LINES BETWEEN CUL-DE-SACS ARE ADJUSTED AS NECESSARY TO PROVIDE
FOR THE LOOPING OF WATER LINES.
8. A DEVELOPMENT PLAN IS APPROVED BY STAFF PRIOR TO FINAL PLAT
APPROVAL.
9. THE FOLLOWING PERMITS ARE OBTAINED: DEPARTMENT OF HEALTH, MPCA,
NPDES, AND COUNTY ENGINEERING.
10. 17 FEET OF ADDITIONAL RIGHT-OF-WAY IS DEDICATED TO THE COUNTY FOR
MISSISSIPPI ROAD.
11. PROVISIONS ARE MADE TO ACCOMMODATE THE EXTENSION OF URBAN SERVICES
TO THE EXCEPTION IN THE NORTHWEST CORNER OF THIS PLAT.
12. A DEVELOPERS AGREEMENT IS ENTERED INTO REFLECTING THE STIPULATIONS
OF APPROVAL.
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Elk River Planning Commission Minutes
March 23, 1993
Page 11
13. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE
IMPROVEMENTS IS PROVIDED TO THE CITY BY THE DEVELOPER PRIOR TO
RECORDING THE PLAT (OR WHATEVER PERCENTAGE IS REQUIRED BY CITY
POLICY).
14. THE COMPLETION DATE FOR THE IMPROVEMENTS IN THE PLAT IS ONE YEAR
FROM THE DATE OF FINAL PLAT APPROVAL.
15. THE DEVELOPER MUST REIMBURSE THE CITY FOR THE ESTIMATED COST OF
REVIEWING THE PLAT PRIOR TO FINAL PLAT REVIEW.
COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 7-0.
Conditional Use Permit
Stephen Rohlf continued, a conditional use permit will be required for
the creation of this sedimentation pond because it is located within
the floodway of the Mississippi River. Staff is recommending approval
of the conditional use permit for the excavation of this pond with the
stipulations noted in staff's memo dated March 18, 1993.
Chairman Minton opened the public hearing.
Tom Newstrom, 18141 Fresno, requested clarification on whether or not
the sedimentation pond could handle Heritage Landing and this proposed
plat. Mr. Maurer replied.
There being no further comments from the public, Chairman Minton closed
the public hearing.
COMMISSIONER TVEITE RECOMMENDED APPROVAL OF THE CONDITIONAL USE PERMIT
REQUEST BY IRV MOLDENHAUER, CASE NUMBER CU 93-08, CITING STAFF'S
MEMO DATED MARCH 18, 1993, WITH THE FOLLOWING STIPULATIONS:
1. THE EXCAVATED MATERIAL IS REMOVED FROM THE FLOODWAY.
2. THE EXCAVATION TAKES PLACE ABOVE THE ORDINARY HIGH WATER MARK OF
THE ADJACENT BACKWATER.
3. AN ARMY CORPS OF ENGINEERS PERMIT IS OBTAINED, IF REQUIRED.
4. THE SIDE SLOPES OF THIS SEDIMENTATION POND MEET CITY STANDARDS FOR
SAFETY REASONS.
COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 7-0.
The Planning Commission recessed at 10:15 p.m. and reconvened at 10:30
p.m.
11. Consider Preliminary Plat And Associated Variance Request By Dennis
Backes/Public Hearing
Elk River Planning Commission Minutes
March 23, 1993
Page 12
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Commissioner Tveite stated he would abstain from discussion and voting
on this item due to the perception of conflict of interest, and removed
himself from the table.
Stephen Rohlf, Building and Zoning Administrator, explained the
request. Dennis Backes, developer, and Virginia Barnier, property
owner, are requesting preliminary plat review of a 113 lot subdivision
on 121 acres served by City sewer and water and proposed in two
phases. Mrs. Barnier and Mr. Backes have petitioned the City to
have trunk sewer and water lines extended from their present location,
westerly to the plat. Mr. Backes is proposing to accomplish the
public improvements internal to the plat without City funding. Mr.
Backes is also requesting a variance on the maximum length of a
dead-end road.
.
Mr. Rohlf briefed the Planning Commission regarding Terry Maurer's memo
dated March 16, 1993, item A3. One of the items lacking on the
preliminary plat drawing is the boundary between phases. The
preliminary plat drawing will need to have the appropriate information
prior to the City Council reviewing the preliminary plat. There are
three wetlands proposed to be filled to accomplish this plat. Stephen
Rohlf briefed the Commission regarding the Wetland Mitigation Plan. The
filling of these wetlands will have to go through a permitting process
requiring joint notification of all governmental agencies, delineation
of wetland boundaries, and review by the technical evaluation panel.
Mr. Rohlf cautioned the Commission regarding the ownership of the large
wetland areas, which will need considerable thought. Because this area
is an area with numerous wetlands, staff is concerned that an adequate
development plan be provided and approved by staff prior to City
Council acting on final plat. Staff recommended grading in the plat be
done by the developer at the same time as the road grading. The
developer has provided an appropriate future road extension to access
unsubdivided property lying north of this plat. No provision has
been made to access Mrs. Barnier's western most 40 acres from this
plat. Allowing for this would mean the elimination of at least 1 lot,
but would also allow the City access to the adjacent wetland, if it is
in City ownership. Mr. Rohlf discussed renaming current streets to:
Elgin Drive, 192 1/2 Court, Denver Circle, 195 Avenue, Elgin
Court. Approvals that must be obtained: UPA, MN Health Department,
MPCA, NPDES, County Engineering, county Ditch approval, and the Army
Corps of Engineers. There is a proposed trail in this plat, therefore,
the Park and Recreation Commission will be considering this plat at
their April 7, 1993, meeting. Stephen Rohlf stated staff is
recommending preliminary plat approval for the plat of Meadowvale
Heights with the 25 stipulations listed in staff's memo dated March 19,
1993.
Variance
.
Elgin Street is 1,220 feet in length, therefore, a variance is
needed. When this street is extended northward, for the subdivision of
property adjacent to the plat, this cul-de-sac in question will meet
the City's current 500 foot length.
.
.
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Elk River Planning Commission Minutes
March 23, 1993
Page 13
Chairman Minton opened the public hearing.
Jim Nord, 19806 Elk Lake Road, stated his concerns regarding future
assessments, covenants for this plat, and the increased traffic.
Stephen Rohlf briefly explained that the City does not enforce
covenants. Peter Beck, City Attorney, responded further stating the
City does not have the legal authority to enforce covenants.
Bill Campbell,
County Ditch.
19675 Elk Lake Road,
Mr. Rohlf responded.
questioned staff regarding the
Rogers, 19441 Landers, requested further clarification regarding
current sewer system and the potential run-off into County Ditch
Stephen Rohlf answered Mr. Rogers' questions and assured him that
appropriate agencies would be reviewing the plat.
Doug
the
28.
the
Ed Clark, 19233
sewer and water.
Landers, questioned if the lots currently have City
Stephen Rohlf replied, no.
There being no further comments from the public, Chairman Minton closed
the public hearing.
Commissioner Eberley
areas and suggested
discussion.
requested further clarification
the preliminary plat be tabled
of the wetland
for further
Steve Johnson, Engineer for Mr. Backes, stated delineation is
difficult due to time of year - more detail is forthcoming soon.
Discussion between Planning Commissioners ensued relating to the design
of streets. Mrs. Barnier stated she remembered County Road 1 being
"moved" slightly quite some years ago.
COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF PRELIMINARY PLAT OF
MEADOWVALE HEIGHTS BY DENNIS BACKES, CASE NO. P 93-04, CITING STAFF'S
MEMO DATED MARCH 19, 1993, SUBJECT TO THE FOLLOWING STIPULATIONS:
1. FINAL PLAT BE SUBMITTED WITHIN 1 YEAR FOLLOWING THE DATE OF CITY
COUNCIL PRELIMINARY PLAT APPROVAL, UNLESS AN EXTENSION IS GRANTED
BY THE CITY COUNCIL.
2.
THE DEVELOPERS AMEND THEIR PRELIMINARY PLAT DRAWING TO PROVIDE
REQUIRED INFORMATION PRIOR TO THE CITY COUNCIL ACTING
PRELIMINARY PLAT.
THE
ON
3. IN ORDER FOR THE DEVELOPERS TO FILL WETLANDS, THEY MUST A)
DELINEATE THE WETLANDS ACCURATELY; B) PROVIDE JOINT NOTIFICATION
TO THE REQUIRED STATE AGENCIES AND GAIN THEIR APPROVAL; C) GAIN
THE APPROVAL OF THE TECHNICAL EVALUATION PANEL; AND D) MITIGATE
THE FILLED WETLANDS AT A RATIO OF AN ACRE PER ACRE.
4.
A MINNESOTA DEPARTMENT OF HEALTH PERMIT IS OBTAINED FOR THE
EXTENSION OF WATER.
.
.
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Elk River Planning Commission Minutes
March 23, 1993
Page 14
5.
AN MPCA PERMIT IS OBTAINED FOR THE EXTENSION OF SEWER.
6. AN NPDES PERMIT IS OBTAINED FOR GRADING.
7. A CONSTRUCTION PERMIT IS OBTAINED FROM THE SHERBURNE COUNTY
ENGINEERING DEPARTMENT AND 50 FEET OF RIGHT- OF-WAY FROM THE
CENTER LINE OF MEADOWVALE ROAD IS DEDICATED TO THE COUNTY.
8. THE DEVELOPER GAIN COUNTY APPROVAL FOR CROSSING THE DITCH WITHIN
THE PLAT AND THE DRAINAGE PLAN FOR THE PLAT INCORPORATES COUNTY
COMMENTS REGARDING THE AFFECTS OF PLAT DRAINAGE ON THE COUNTY
DITCH SYSTEM. FURTHER, THE DEVELOPER CONTACT SHERBURNE COUNTY
REGARDING A REAPPORTIONMENT OF THE DITCH ASSESSMENT TO THE VARIOUS
LOTS IN THE PLAT.
9. THE ISSUE OF OWNERSHIP OF THE LARGE WETLANDS WITHIN THE PLAT
RESOLVED ACCORDING TO ESTABLISHED CITY POLICIES PRIOR TO THE CITY
COUNCIL ACTING ON FINAL PLAT.
10. A DEVELOPMENT PLAN IS APPROVED BY STAFF PRIOR TO FINAL PLAT.
11. THE SITE GRADING NEEDED TO ACCOMPLISH DRAINAGE IS DONE AT THE SAME
TIME AS THE ROAD GRADING, BY THE DEVELOPER, AND NOT LEFT TO FUTURE
HOME BUILDERS TO ACCOMPLISH.
12. FRONTAGES ARE ADJUSTED TO MEET THE MINIMUM 80 FOOT WIDTH ON LOTS
17 AND 18, BLOCK 3, AND LOT 29 OF BLOCK 4.
13. THE WESTERN 40 ACRES INCLUDED IN THE PLAT BOUNDARY IS LABELED AN
OUTLOT.
14.
THE LARGE WETLANDS AND OTHER UNATTACHED PROPERTY IN THIS PLAT
EITHER INCLUDED IN LOTS OR LABELED OUTLOTS, DEPENDENT
FUTURE CITY OWNERSHIP.
ARE
UPON
15. THE STREET NAMES IN THE PLAT ARE ADJUSTED AS PER STAFF'S MEMO.
16. THE DEVELOPER GAIN APPROVAL FROM UNITED POWER ASSOCIATION FOR THE
CONSTRUCTION OF A ROAD WITHIN THEIR EASEMENT.
17. PARK DEDICATION BE AS PER THE PARK AND RECREATION COMMISSION'S
RECOMMENDATION.
18. THE CITY ENGINEER DESIGNS THE SEWER AND WATER LINES INTERNAL TO
THE PLAT, WHICH IS CITY POLICY, AND THE OTHER RECOMMENDATIONS
LISTED IN MR. MAURER'S MEMO DATED MARCH 16, 1993 ARE INCORPORATED
IN THE DESIGN OF THE OTHER IMPROVEMENTS WITHIN THE PLAT.
19. ELGIN STREET ON THE NORTH END OF THE PLAT IS PROVIDED WITH A
TEMPORARY TURN AROUND LARGE ENOUGH TO ACCOMMODATE SCHOOL BUSES AND
EMERGENCY VEHICLES (WITH TEMPORARY EASEMENTS OUTSIDE OF THE 60
FOOT RIGHT-OF-WAY, IF NEEDED). FURTHER, THAT THIS ROAD IS TARRED
TO THE PLAT BOUNDARY.
.
.
.
Elk River Planning Commission Minutes
March 23, 1993
Page 15
20. THIS PLAT IS CONTINGENT UPON A VARIANCE BEING APPROVED FOR THE
MAXIMUM LENGTH OF A DEAD-END ROAD.
21. IMPROVEMENTS IN THE PLAT ARE TO BE COMPLETED WITHIN 1 YEAR
FOLLOWING THE DATE OF FINAL PLAT APPROVAL.
22. PRIOR TO RECORDING, THE DEVELOPER PROVIDE THE CITY WITH A LETTER
OF CREDIT FOR 100% OF ESTIMATED COSTS OF THE IMPROVEMENTS WITHIN
THE PLAT, OR AT WHATEVER PERCENTAGE IS CITY POLICY AT THAT TIME.
IN ADDITION, A 25% WARRANTY BOND WILL BE REQUIRED FOR A 1 YEAR
PERIOD FOLLOWING CITY ACCEPTANCE OF IMPROVEMENTS IN THE PLAT.
23. ALL THE STIPULATIONS OF THE APPROVAL OF THIS PLAT ARE AGREED TO
THROUGH A DEVELOPERS AGREEMENT.
24. THE DEVELOPER REIMBURSE THE CITY FOR THE COST OF REVIEWING THIS
PLAT PRIOR TO FINAL PLAT REVIEW.
25. THAT LOT 8, BLOCK 3 HAS NO FRONTAGE ON 193RD AVENUE.
26. APPROVAL OF PLAT IS CONTINGENT UPON COUNTY DITCH EASEMENT.
COMMISSIONER SPOTTS SECONDED THE MOTION.
Commissioner Tveite abstained from voting.
THE MOTION CARRIED 6-0-1.
Variance
Chairman Minton opened the public hearing.
There being no comments from the public, Chairman Minton closed the
public hearing.
COMMISSIONER JOHNSON RECOMMENDED APPROVAL OF THE VARIANCE ASSOCIATED
WITH THE PRELIMINARY PLAT OF MEADOWVALE HEIGHTS BY DENNIS BACKES,
CASE NO. V 93-02, CITING STAFF'S MEMO DATED MARCH 19, 1993.
COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 6-0-1.
Commissioner Tveite abstained from voting.
12. Consider Preliminary Plat (CherryHill Bluffs 2nd Addn.) And
Associated Variance Request by Richard Foster/Public Hearing
Stephen Rohlf, Building and Zoning Administrator, explained that the
applicant, Richard Foster, is requesting preliminary plat review and
associated variances on the length of dead-end roads. The plat
consists of 52 single family lots with City sewer and water on 26 acres
of property. Mr. Foster is proposing the public improvements be
accomplished as a City project, however, has not yet petitioned the
City for those improvements. Further, variances for two streets in
this plat are being requested; Evans Avenue (1,335 foot permanent
dead-end) and Freeport Avenue (1,720 foot temporary dead-end). Mr.
Rohlf stated staff recommends the minimum square footage per lot be
verified prior to final plat and detailed setback dimensions. Since
this plat abuts Highway 169, MnDOT review is required. Their two
issues are drainage and noise. The City Engineer's memo dated March
.
.
.
Elk River Planning Commission Minutes
March 23, 1993
Page 16
16, 1993, comments on these issues. Stephen Rohlf briefed the
Commission regarding the gas line easement: there is a 75 foot wide
Northern Natural Gas Company easement that runs diagonally across the
property included in the plat. The gas line is now at the high point
of the land and affects the construction of improvements for this plat
as follows: roads, water lines, storm piping, sanitary sewer, and
lots. Regarding outlots, Mr. Rohlf suggested Outlot C, which is an
unbuildable lot, be placed in City ownership to provide access to
Outlot B. Prior to final plat approval, the developer must submit a
development plan. Staff recommended several street name changes as
listed in staff's memo dated March 19, 1993. Stephen Rohlf discussed
several areas of concern: steep slopes, tree protection, and adjacent
properties. Staff recommended approval with 18 stipulations, noted in
staff's memo dated March 19, 1993.
Chairman Minton opened the public hearing.
Darrell Branham, 19125 Dodge Street, expressed his concern regarding
the water issue.
Tom Cameron, 19052 Dodge Street, iterated his concern regarding water
and drainage in this area.
Marly Glenz responded to the above questions from a developer's
point and helped to clarify further.
Joan Frick, 19128 Dodge Street, stated she would like to see this
plat postponed until the water tower issue is resolved.
There being no further comments from the public, Chairman Minton closed
the public hearing.
COMMISSIONER SPOTTS MOVED TO CONTINUE THE REQUEST FOR PRELIMINARY PLAT
AND VARIANCES OF CHERRYHILL BLUFFS 2ND ADDITION BY RICHARD FOSTER,
UNTIL THE APRIL 23, 1993, PLANNING COMMISSION MEETING. COMMISSIONER
KREGER SECONDED THE MOTION. THE MOTION CARRIED 7-0.
Chairman Minton opened the public hearing.
There being no comments from the public, Chairman Minton closed the
public hearing.
Commissioner Kreger stated the request should be denied. Commissioner
Tveite responded the variance could be approved contingent upon
preliminary plat approval.
COMMISSIONER TVEITE MOVED TO RECOMMEND APPROVAL OF A 1,335 FOOT
VARIANCE, EVANS AVENUE BUT DENY THE VARIANCE ON FREEPORT AVENUE.
FURTHER, TO RECOMMEND DENIAL OF THE PLAT OF CHERRYHILL BLUFFS 2ND
ADDITION BECAUSE OF LACK OF WATER PRESSURE AND OWNERSHIP OF PROPERTY
INCLUDED IN THE PLAT, CITING STAFF'S MEMO DATED MARCH 19, 1993, WITH
ONE STIPULATION:
.
.
.
Elk River Planning Commission Minutes
March 23, 1993
Page 17
1.
THE VARIANCE FOR EVANS AVENUE BE CONTINGENT UPON PRELIMINARY PLAT
APPROVAL.
COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 7-0.
13. Consider A Request For An Ordinance Amendment, Section 900.30 (5)(c)
"Roofing Standards" by John Weicht/Public Hearing
Stephen Rohlf, Building and Zoning Administrator, stated the applicant,
John Weicht, is requesting the City of Elk River consider an ordinance
amendment that would allow non-colored metal roofs. The City
eliminated non-colored metal roofs to avoid glare to adjacent
properties. When reviewing this ordinance, the Planning Commission
should consider the likelihood of multi-story buildings being built
adjacent to flat, non-colored metal roofs. Anywhere a C-3, I-I, or
1-2 zone abuts a multifamily zone, the likelihood is high that a
multi-story building could be built adjacent. Mr. Weicht indicated
there is a non-colored, galvanized roofing material called
galvalume, which has a dull satin finish. Manufacturers indicated it
will still reflect some light, however, not at the intensity of normal
galvanized roofing material. Mr. Rohlf stated an ordinance amendment
reflecting the requested change (if approved) is attached.
Chairman Minton opened the public hearing.
John Weicht, PO Box 368, Elk River, MN, explained the manufacturers
information regarding the product "galvalume." Further, he expressed
some concern regarding the cost of colored metal (higher cost) versus
galvalume (lower cost).
There being no further comments from the public, Chairman Minton closed
the public hearing.
COMMISSIONER SPOTTS RECOMMENDED APPROVAL OF AN ORDINANCE AMENDMENT TO
SECTION 900.30 "ROOFING STANDARDS" BY JOHN WEICHT, CITING STAFF'S MEMO
DATED MARCH 17, 1993. THE MOTION WAS SECONDED BY COMMISSIONER
EBERLEY. THE MOTION CARRIED 7-0.
14. Consider a Request For An Ordinance Amendment, Section 1008.14
"Subdivision Design Standards" (Length of Dead-End Road)/Public Hearing
COMMISSIONER EBERLEY MOVED TO TABLE THE REQUEST FOR AN ORDINANCE
AMENDMENT TO SECTION 1008.14 "SUBDIVISION DESIGN STANDARDS" TO THE
APRIL 27 PLANNING COMMISSION MEETING. COMMISSIONER KREGER SECONDED THE
MOTION. THE MOTION CARRIED 7-0.
15. Other Business
Commissioner Johnson discussed the Annual Meeting and the Planning
Commission Workshop.
Stephen Rohlf, Building and Zoning Administrator,
Commission regarding UPA testing, and meeting dates for an
Park Center meeting. Also, Mr. Rohlf explained that
updated the
upcoming Elk
Councilmember
.
.
.
Elk River Planning Commission Minutes
March 23, 1993
Page 18
Scheel requested the City adopt an ordinance which addresses the issue
of topsoil being replaced, however, staff felt the existing subdivision
ordinance covered the issue sufficiently. It was the consensus of the
Council to refer this issue to the Planning Commission.
16.
Adjournment
There being
THE MEETING.
CARRIED 7-0.
no further business, COMMISSIONER TVEITE MOVED TO ADJOURN
COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION
The meeting of the Elk River Planning Commission adjourned at approximately
1:15 a.m.
7J~Yi:bmiH~~Aft)/Zb
Catherine M. Schmidt
Recording Secretary