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03-31-1992 PC MIN . . . MINUTES OF THE ELK RIVER PLANNING COMMISSION SPECIAL MEETING HELD AT THE ELK RIVER CITY HALL MARCH 31, 1992 Members Present: Chairman Nadeau, Commissioners spotts, Eberley, Minton, Tveite, and VanValkenburg Members Absent: Commissioner Johnson Staff Present: Stephen Rohlf, Building and Zoning Administrator 1. Pursuant to due call and notice thereof; the special meeting of the Elk River Planning Commission was called to order at 7:00 p.m. 2. Consider 3/31/92 Planning Commission Agenda The items on the 3/31/92 special Planning Commission meeting are those items that were tabled from the 3/24/92 regular Planning Commission meeting. The agenda was approved. 3. Consider a Zone Change, Land Use Map Amendment, Variances, Preliminary Plat, (Hillside Estates) and Conditional Use Permit by Rick Foster of Oxbow Properties/P.H. Chairman Nadeau opened the discussion proposed 53 acre development by Mr. residential and commericial uses. on this item in regards to a Foster containing a mix of Mr. Rohlf indicated that, as agreed to by the developer at the March 24, 1992 meeting, revisions were made to the residential portions of the preliminary plat. The new average single family lot size as revised is approximately 18,000 square feet per lot. Mr. Rohlf displayed a graphic at this time illustrating the wooded areas left after grading in the plat. The revisions in the residential portion of the plat left a trees between it and the commerical portion of the plat. was held regarding whether a berm or fence would further be buffer the residential area from the commerical area. It this discussion would be foregone until the conditional use the commericial portion. buffer of Discussion needed to was decided permit on Commission Minton questioned Lot 10, Block 1 of the residential portion of the plat. Due to grading for the roads, this lot would be basically treeless. Commissioner spotts indicated that the existing trees on this lot were basically scrub. Mr. Foster stated that he would make minor adjustments at time of grading to try and save individual trees on all lots. Mr. Rohlf indicated that minor changes are one thing, but the grading plan as approved must be adhered to or changes approved by staff. Planning Commission Minutes March 31, 1992 Page 2 . Commissioner Minton indicated that the revised plat addressed the concerns that the Planning Commission brought up at the March 24, 1992 meeting. He indicated that the Planning Commission was left with one question, is the approximately 18,000 square foot average lot size adequate or not? Commissioner Eberley was concerned with the cutting of trees and grading on the commerical portion of the site. Her concerns centered on what that site would look like between the time when it was first graded and finally developed. It was the consensus of the Planning Commission that the soils on this portion should be stabilized with grass and that the developer should care for this grass until it was self-sustaining or the site was developed. The Planning Commission discussed whether the public hearing was closed at the March 24, 1992 meeting or not. At this time, Commission Nadeau asked for public comments, receiving none he closed the public hearing on all the requests by Mr. Foster. 3.1 Zone Change . COMMISSIONER SPOTTS MOVED TO RECOMMEND TO REZONE THE ENTIRE 53 ACRES FROM R-1E/SINGLE FAMILY TO PUD/PLANNED UNIT DEVELOPMENT: CITING THE FINDING THAT THE FLEXIBILITY PROVIDED BY THE PUD ZONING DESIGNATION WAS NEEDED TO DEVELOP THIS PARCEL. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION PASSED 6-0. 3.2 Land Use Change COMMISSIONER SPOTTS MOVED TO RECOMMEND CHANGE IN THE LAND USE DESIGNATION ON THE WESTERN 13 PLUS ACRES OF THE PARCEL IN QUESTION FROM MR/MEDIUM DENSITY RESIDENTIAL TO HB/HIGHWAY COMMERICAL CITING THE FINDINGS IN STAFF'S MEMO DATED MARCH 19, 1992. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3.3 Variances Discussion took place regarding a temporary connection of Baldwin Street from 192nd Avenue in Deerfield 3rd to 193rd Avenue in the proposed plat to alleviate concerns with the length of Carson Circle. Mr. Foster indicated that he could include the area adjacent to the above mentioned roadways in the first phase. It would make the temporary connection discussed a permanent roadway. This would eliminate concerns with who would maintain it. It was the consensus of the Planning Commission to accept this phasing change contingent upon the City Engineer determining an adequate water supply was available. . COMMISSIONER SPOTTS MOVED TO RECOMMEND APPROVAL OF THE VARIANCES ON THE LENGTH OF DEAD-END ROADS AS DRAWN ON THE PRELIMINARY PLAT CITING THE FINDINGS OF FACT IN STAFF'S MARCH 19, 1992 MEMO WITH 193RD AVENUE'S VARIANCE BEING CONTINGENT UPON BWSR'S REVIEW. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION PASSED 6-0. . . . Planning Commission Minutes March 31, 1992 Page 3 3.4 Preliminary Plat The Planning Commission discussed the various possible changes to the preliminary plat if MnDOT would not allow grading within the right-of-way of Highway 169 for Evans street. It was the consensus of the Planning Commission that adjustments to the right-of-way of Evans Avenue due to MnDOT not allowing grading in their right-of-way should not trigger the plat back to the Planning Commission. Further discussion took place regarding the elimination of Dodge Court and the rearrangement of the lots in that area. Also the enlarging of the first phase of the plat to accommodate Baldwin connection from 192nd Avenue to 193rd Avenue was discussed. It was the consensus of the Planning Commission that both of these changes did not need to be further reviewed by the Planning Commission. COMMISSIONER SPOTTS MOVED TO RECOMMENDED APPROVAL OF THE PRELIMINARY PLAT OF HILLSIDE ESTATES WITH THE FOLLOWING CONDITIONS: 1. That the preliminary plat approval is contingent upon variances being granted for the lengths of the dead-end roads. 2. That preliminary plat approval of Phase II is contingent upon the approval of a conditional use permit for the commercial portion prior to final plat approval. Also, that a PUD Agreement reflecting the stipulations of the plat approval is established and entered into prior to recording any phases of this plat. 3. That preliminary plat approval is contingent upon a zone change being granted to PUD. 4. That preliminary plat approval is contingent upon MnDOT's review and approval. 5. That preliminary plat approval of Phase II is contingent upon BWSR's approval for filling of a wetland. 6. SEWER AND WATER a. That preliminary plat approval of phase II of this plat is contingent upon trunk lines being extended to this area to provide sewer and water. b. That the City engineer does the design for the sewer and water laterals within this plat. c. That the laterals in the first phase fit in with the long range plans for sewer and water for this area. d. That the first phase of this development pay it share of the assessment for the long range trunk sewer and water lines as estimated in the Feasibility Study for this area. Further that this assessment is paid up front or as lots sell with some limit to the total payment. . . . Planning Commission Minutes March 31, 1992 Page 4 e. That the first phase be allowed to temporarily connect to sewer and water through Deerfield 3rd Addition. Further, that the developers is responsible for all costs for this temporary connection and hooking up to the permanent lines in the future. Lastly, that no credit is given against the assessment for the long range trunk facilities for temporary improvements that do not fit in with the long range plan. 7. DRAINAGE a. That the developer calculations for the ponds. drainage holding provide the necessary storm proper sizing of storm pipes and b. That if outlets are needed for storm holding ponds, the developer must secure the easements. c. That swales needed for drainage are accomplished by the developer during the road grading. d. That storm drainage plans are finalized and acceptable to City staff prior to final plat review. 8. STREETS a. That the driving surface of 193rd Avenue through residential portion of the plat be 44 ft. wide. the b. That the configuration of the driving lanes and turn lanes through the commerical portion of 193rd is resolved prior to final plat approval. c. That the right-of-way for Evans Avenue is 80 ft. wide, the driving surface 46 ft. wide, and Evans is provided with barrier concrete curb and gutter. d. That 193rd Avenue be a through street with all other streets intersecting it being provided with stop signs. Further, that all signage within the plat is the responsibility of the developer. e. That all the residential streets within the 193rd be 32 feet wide to face of curb to surmountable concrete curb and gutter. plat other than face of curb with f. That for plat the developer provide the necessary temporary easements the temporary cul-de-sacs within the plat prior to final approval. g. That all final plans for streets within the plat be approved by the City Engineer prior to final plat approval. . . . Planning commission Minutes March 31, 1992 Page 5 h. That a small unattached triangle of property in the southwest corner of the intersection of 193rd Avenue and Dodge Street be eliminated. i. lots utilizing 193rd Avenue for access are required turnaround within the lot to avoid backing into the Further that this requirement be identified in the agreement for the lots. That all to have a street. purchase 9. STREET LIGHTS The Planning Commission recommended street lights in the following locations: a. The north end of Evans Avenue. b. The northwest corner of the intersection of 193rd Avenue and Evans Street. c. The north end of Dodge Street. d. In the northwest corner of the intersection of Dodge Street and 193rd Avenue. e. In the northeast corner of the intersection of Carson Circle and 193rd Avenue. f. On the north end of Carson Circle. g. In the northwest corner of the intersection of 193rd Avenue and Baldwin Street. h. The north end of Carson Street. i. In the northeast corner of the intersection of Auburn Street and 193rd Avenue. j. On the north end of Baldwin Street. 10. PARK DEDICATION That the developer pay $350 per (specific recommendations will Commission). for park dedication fees coming from the Park and Rec. lot be 11. That slopes of 30% or more are protected by easements in favor of the City that allow no cutting of vegetation except for disease control, as approved by staff. 12. That the easement for the powerline on the east side of the plat is defined prior to final plat. 13. That the locations of stump burying sites are identified, approved by staff, and protected by easements prior to final plat approval. Planning Commission Minutes March 31, 1992 Page 6 . 14. That, as proposed by the developer, the services of a forester are retained to determined what trees must be removed for road and house construction. Also, that trees that are to be saved be fenced, flagged or roped off at the drip line to avoid mechanical damage. Further, that no grading or filling with heavy equipment be allowed over the root area of the trees that are to be saved. Lastly, that the authority of the forester to make decisions on trees during house construction is established through the purchase agreement on the lots and the covenants for the plat. 15. That the in size from the property minimum size lot within this plat is 10,000 square feet with 80 ft. of frontage. Also, that setbacks are 30 ft. front property line, and 10 ft. from the side and rear lines. 16. That a Developers Agreement and Letter of Credit for the improvements in the first phase are established for this plat. Further, that the developer has one year from the date of final plat approval for the completion of the improvements within the first phase. Lastly, that asbuilts are provided for these improvements. . 17. That a development plan for house sites is approved by staff prior to final plat approval of either phase. Also, that the soil borings (locations determined by staff) are accomplished to determine lowest floor elevations. 18. That the developer pay $7,500 for his share of the stop light to be located at the intersection of 193rd Avenue and Highway 169 prior to recording the commerical portion of this plat. 19. That prior to final plat review of the first phase, the developer reimburse the City for the cost of reviewing both phases of the plat to that point. 20. That the temporary cul-de-sacs be provided with bituminous berms. 21. That the developer provide an Escrow Account or Letter of Credit to cover the estimated cost for the City Engineer to prepare plans and specs for the improvements within this plat prior to that work commencing. 22. That after grading of the commerical area is immediately established with grass developer until it is self sustaining. of this plat, that area that is cared for by the The Planning Commission Avenue, due to MnDOT Highway 169, would not Planning Commission. further indicated that adjustments to Evans not allowing grading within the right-of-way of trigger the preliminary plat back to the . COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. E. CONDITIONAL USE PERMITS . . . Planning Commission Minutes March 31, 1992 Page 7 COMMISSIONER TVEITE MOVED TO TABLE THE CONDITIONAL USE PERMIT ON THE COMMERCIAL PORTION OF THE PLAT UNTIL A SPECIFIC SITE PLAN IS AVAILABLE FOR REVIEW. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT FOR THE RESIDENTIAL PORTION OF THE PLAT WITH THE SAME STIPULATIONS CONTAINED IN THE PLANNING COMMISSION'S RECOMMENDATIONS ON THE PRELIMINARY PLAT AND A SPECIFIC LOT BY LOT DEVELOPMENT PLAN BEING APPROVED BY STAFF PRIOR TO FINAL PLAT APPROVAL. HE SITED THE FINDING OF FACT FOR APPROVAL THAT THE REQUEST MEET THE SEVEN STANDARDS FOR APPROVING A CONDITIONAL PERMIT. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 4. Consider Ordinance Amendment/Section 900.20(6)/General Regulations-Vision and Clearance (Fences) By the City of Elk River/P.H. Mr. Rohlf introduced this item. to enforce an ordinance with "workmanlike", and "reasonable". somewhat abstract concepts. He indicated his concern with trying language that contained words such as Mr. Rohlf felt that these were COMMISSIONER MINTON MOVED TO APPROVE THE VERSION OF THE ORDINANCE AMENDMENT SUPPLIED BY THE CITY ATTORNEY WITH THE FOLLOWING CHANGES: 1. THE PLANNING COMMISSION RECOMMEND WORDS COMPLETE AND SUBSTANTIAL BE ADDED AND "WORKMANLIKE" BE ELIMINATED. iii. THE PLANNING COMMISSION ADDED BARBLESS WIRE TO THE LIST OF FENCES PROHIBITED IN RESIDENTIAL AREAS. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5. Proposed Modifications to TIF Plans No. 1 and No. 3 for Review and Comment The Planning Commission discussed the proposed amendments to the TIF plan and the fact that part of the excess funds would be spent within a City Park. It was the consensus of the Planning Commission that the modifications to plan No. 1 and 3 did not contradict the City's Comprehensive Plan. They appreciated the opportunity to review this. 6. Consider Ordinance Amendment to Growth Management Plan and Official Map By the City of Elk River/P.H. Steve Rohlf indicated that this item should be tabled. His rationale for tabling this issue was the need for staff to discuss whether an official map with an actual surveyed centered line is appropriate or just an amendment to the City's Comprehensive Plan. He went into the pros and cons of both ways of identifying a proposed future roadway. COMMISSIONER TVEITE MOVED TO TABLE COMMISSIONER EBERLEY SECONDED THE MOTION. THIS ITEM INDEFINITELY. THE MOTION CARRIED 6-0. . . . Planning Commission Minutes March 31, 1992 Page 8 7. other Business The Planning Commission discussed the following items under other business: The Planning Commission Work Goals Mr. Rohlf indicated that the City Council would like the Planning Commission to review the sign ordinance regarding whether or not signage should be based on the size of the building. Specifically whether large commerical and industrial buildings should have greater latitude with the size of their freestanding and wall signage. The Planning Commission agreed to add this to their work plan. Discussion was held regarding what role the Planning Commission would have with revisiting the downtown development Plan. It was the consensus of the Planning Commission they should work with the downtown redevelopment group, if that group desired them to. The Planning Commission further requested that Mr. Rohlf provided them with the Governor's Design Team information to aid them in their review. COMMISSIONER MINTON MOVED TO APPROVE THE PLANNING COMMISSION WORK AS REVISED. COMMISSIONER VANVALKENBURG SECONDED THE MOTION. MOTION PASSED 6-0. PLAN THE 8. Adjournment There being no further business, COMMISSIONER EBERLEY MOVED THE MEETING. COMMISSIONER MINTON SECONDED THE MOTION. CARRIED 6-0. TO ADJOURN THE MOTION The meeting of the Elk River Planning Commission adjourned at approximately 10:00 p.m. ~"Y submitted, ~1(rU/ Stephen Rohlf .-, B&Z Administrator