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12-22-1992 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, DECEMBER 22, 1992 Members Present: Chairman Nadeau, Commissioners Johnson, Minton, spotts, and Tveite Members Absent: Commissioners Eberley and VanValkenburg Staff Present: Stephen Rohlf, Building and Zoning Administrator; Janelle Schmitz, Zoning Assistant; 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 7:05 p.m. by Chairman Nadeau. 2. Consider 12/22/92 Planning Commission Agenda Commissioner spotts added Rules and Procedures under Item 9 (other Business); Commissioner Johnson added City liability regarding wetland issues COMMISSIONER SPOTTS MOVED TO APPROVE THE 12/22/92 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 11/24/92 Planning Commission Minutes Commissioner Johnson stated as per should be amended to include a moving the driveway, if necessary. page 2, Item 5, the stipulation second stipulation: 2)The option of COMMISSIONER SPOTTS MOVED TO APPROVE THE 11/24/92 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Planning Commission Representative to Attend 1/25/93 City Council Meeting It was indicated that Commissioner Minton would attend the 1/25/93 City Council meeting to be held at the Elk River Public Library. 5. Consider a preliminary plat and variance request by Richard Kincanon and Dennis Chuba/Public Hearing Stephen Rohlf, Building and Zoning Administrator, explained that the applicants, Richard Kincanon (13375 Joplin Street NW, Elk River) and Dennis Chuba/Marilyn VanPatten (20455 Meadowvale Road, Elk River) are requesting preliminary plat review and a variance on the maximum length of a dead-end road. Elk River Planning Commission December 22, 1992 Page 2 . Mr. Rohlf requested Chairman Nadeau open the public hearing to allow the public to comment on each issue as it is addressed. Chairman Nadeau opened the public hearing. Mr. Rohlf briefed the commission regarding the attached letter from Terry Maurer, City engineer, regarding the lot sizes for lots 10, 12, 13, 19, and 20. Mr. Maurer's letter stated these lots may be deficient in frontage width for R1d zoning, however, after discussion with Mr. Maurer, Mr. Rolhf explained there was sufficient frontage for the aforementioned lots. staff stated corner lots are direction. Some of the requirement, however, the adjust the footage. required to have 100' of frontage each corner lots in this plat do not meet that developers indicated the surveyor could . Alignment of Joplin street: Commissioner Johnson questioned why the realignment of Joplin street is an issue attached to this plat request. Stephen Rohlf explained the issue is raised at this time to explore the possibility of realigning Joplin street to the east in order to avoid the buildings on the Lakoduk property when the road is extended. This option must be explored before lots are created in this location as they would interfere with the realignment of Joplin. In his memo, Mr. Maurer presented another access option: an off-set intersection, however, Mr. Rohlf requested time to speak with Sue Lakoduk regarding this option. Mr. Rohlf suggested the developers and the City engineer meet with himself and Sue Lakoduk to discuss the options. Stephen Rohlf asked Mr. Kincanon if he had contacted Irvin regarding the location of the hOlding/sedimentation pond. confirmed negotiations had begun. Moldenhaurer Mr. Kincanon Mr. Rohlf stated the City engineer will select the appropriate sewer and water designs. Michael Hull, 13294 Riverview Drive NW, asked if all the proposed lots would have City sewer and water. Mr. Rohlf replied they would. Cindy Hull, 13294 Riverview Drive NW, questioned Mr. Kincanon as to why he was developing. Ms. Hull continued with questions relating to when the decision to install City services was made, who made that decision, and why develop a plat on the south side of County Road 30. Chairman Nadeau responded explaining the Planning Commission responsibilities to Ms. Hull. Mr. Rohlf continued, while Ms. Hull's questions were were not pertinent to the issue. The Kincanon property City urban service district since 1980, a decision that the responsibility of the City Council. important, they had been in the ultimately is . Dennis Chuba, 20455 Meadowvale Road, briefed the commission regarding the variance request. Mr. Chuba expressed his concern regarding 180th Avenue as a through street and added concern for the safety of the residents, if the cul-de-sac is removed making 180th a through street. . . . Elk River Planning Commission December 22, 1992 Page 3 In conclusion, stephen Rohlf commented on outlots: staff feels outlots in general, are confusing to future planning. Regarding Outlot B: staff would like to see the triangle removed, squaring lots 5 and 6. There being no further comments from the public, Chairman Nadeau closed the public hearing. commissioner Johnson requested clarification of Item 6 (easement south of Heritage Landing and north of Palmers 1st Addition) in Terry Maurer's memo. Stephen Rohlf explained. Commissioner Johnson addressed the commissioners regarding variances to the length of dead-end roads. She recommended reviewing the City code and possibly extending the length of a dead-end road. COMMISSIONER TVEITE MOVED TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT REQUEST "HERITAGE LANDING" BY RICHARD KINCANON AND DENNIS CHUBA, CASE NUMBER P93-001, CITING STAFF'S MEMO DATED DECEMBER 16, 1992, SUBJECT TO THE FOLLOWING STIPULATIONS: 1. CONTINGENT UPON OTHER APPROVALS BEING GRANTED: a) VARIANCE FOR 180th AVENUE; b) COUNTY ACCESS PERMIT FOR GARY STREET ENTERING COUNTY ROAD 30; c) AN MPCA PERMIT FOR AN EXTENSION OF SEWER; d) DEPARTMENT OF HEALTH PERMIT FOR THE EXTENSION OF WATER. 2. THE IMPROVEMENTS PROPOSED TO BE ACCEPTED BY THE CITY ARE SECURED BY A LETTER OF CREDIT FROM THE DEVELOPER FOR 100% OF THEIR ESTIMATED COST. 3. A DEVELOPERS AGREEMENT IS ENTERED INTO REFLECTING THE STIPULATIONS OF APPROVAL OF THIS PLAT. 4. THE ESTIMATED COST INCURRED BY THE CITY FOR REVIEW OF THIS PLAT IS REIMBURSED TO THE CITY PRIOR TO THE CITY COUNCIL ACTING ON THE FINAL PLAT. 5. THE ESTIMATED COSTS OF THE FIRST SEAL COATING OF THE ROADS WITHIN THIS PLAT ARE PAID TO THE CITY BY THE DEVELOPER PRIOR TO RECORDING THIS PLAT. 6. $400.00 PER LOT PARK DEDICATION FEES BE PAID TO THE CITY WITH CREDIT BEING GIVEN TO LAND DEDICATED FOR PARK OR TRAIL PURPOSES, IF DETERMINED APPROPRIATE BY THE CITY (PAID PRIOR TO RECORDING THE PLAT) . 7. GLEN SUNDEEN, ELK RIVER MUNICIPAL UTILITIES, DETERMINES THE APPROPRIATE LOCATION OF STREET LIGHTS WITHIN THE PLAT. FURTHER, IT IS THE DEVELOPERS RESPONSIBILITY TO PAY FOR THE LIGHTS AND THEIR INSTALLATION, HOWEVER, IT WOULD BE THE CITY'S RESPONSIBILITY TO PAY FOR THE ELECTRICITY TO RUN THEM. 8. LOT SIZES AND FRONTAGES ARE VERIFIED PRIOR TO FINAL PLAT APPROVAL. . . . Elk River Planning Commission December 22, 1992 Page 4 9. THE LOCATION FOR THE FUTURE EXTENSION OF JOPLIN STREET IS RESOLVED PRIOR TO FINAL PLAT APPROVAL. 10. THE FINAL DESIGN OF STREETS AND STORM DRAINAGE WITHIN THE PLAT ARE APPROVED BY THE CITY ENGINEER. 11. THE CITY ENGINEER DESIGNS THE SEWER AND WATER FOR THIS PLAT. 12. LOTS SITUATED ON CUL-DE-SACS WITHIN THE PLAT HAVE COMMON MAIL BOXES. 13. AN APPROPRIATELY SIZED HOLDING POND PROTECTED BY A DRAINAGE EASEMENT IN FAVOR OF THE CITY IS ESTABLISHED BY THE DEVELOPERS. 14. PRIOR TO FINAL PLAT APPROVAL, THE DEVELOPERS PROVIDE A DEVELOPMENT PLAN ACCEPTABLE TO STAFF. 15. THE EASEMENT ON THE SOUTH SIDE OF THE PROPERTY IS INCREASED TO 10 FEET PER THE CITY ENGINEER'S RECOMMENDATION. 16. THE CORNER LOTS IN THE R1-B ZONE MEET THE REQUIRED 100' FRONTAGE EACH DIRECTION AS PER CITY ORDINANCE. 17. A TEMPORARY TURN-AROUND BE ESTABLISHED ON 180TH AVENUE NW (EAST SIDE OF THE PLAT). 18. OUTLOT A BE REMOVED AND MADE PART A LOT THAT WOULD INCLUDE THE KINCANON HOMESTEAD. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 5-0. VARIANCE This was discussed in conjunction with the Preliminary Plat for Heritage Landing, Item 5. Chairman Nadeau opened the public. Dennis Chuba, 20455 Meadowvale Road, iterated his concern regarding the safety issue if 180th is made a through street. There being no further comments from the public, Chairman Nadeau closed the public hearing. COMMISSIONER TVEITE RECOMMENDED APPROVAL OF THE VARIANCE REQUEST BY RICHARD KINCANON AND DENNIS CHUBA TO ALLOW A 683 FOOT DEAD END ROAD CITING STAFF'S MEMO DATED DECEMBER 16, 1992, CONTINGENT UPON PLAT APPROVAL. THE MOTION WAS SECONDED BY COMMISSIONER SPOTTS. THE MOTION CARRIED 5-0. . . . Elk River Planning Commission December 22, 1992 Page 5 6. Consider Conditional Use Permit Request by Larry Leitschuh/Public Hearing Janelle Schmitz, Zoning Assistant, explained the applicant, Larry Leitschuh, 9110-83rd Avenue N, Brooklyn Park, MN, is requesting a conditional use permit to operate a health facility (aerobic studio) in the Elk River Mall. The owner of the proposed facility is Janelle Swanson of Monticello. Ms. Schmitz continued: Janelle Swanson is interested in locating a health facility in the Elk River Mall at 692 Freeport Avenue. The facility would primarily be used for aerobic exercise classes. According to the Elk River Plaza PUD agreement, commercial recreational uses such as this are considered a conditional use, therefore, a conditional use permit is required. The site plan shows a new sound wall will be placed along the perimeter of the site. The proposed hours of operation are 8 a.m. to 8 p.m. Because the facility is located within a shopping center, the parking requirement does not need to be addressed with this request. Staff is operate a following proofed. recommending approval of the health facility in the Elk stipulation be added to conditional use permit request to River Mall and recommends the this approval: The space be sound Chairman Nadeau opened the public hearing. There being no comments from the public, Chairman Nadeau closed the public hearing. Commissioner spotts questioned why the planning commission had to review this request if staff could make the appropriate decision. Janelle Schmitz informed the planning commission that due to the conditional use status in this POD, planning commission action is required. Further, staff plans to work with the City attorney and the developer regarding this PUD in an effort to make it more flexible. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT TO OPERATE A HEALTH FACILITY (AEROBIC STUDIO) IN THE ELK RIVER MALL, CASE NO. 92-026, CITING STAFF'S MEMO DATED DECEMBER 15, 1992, SUBJECT TO THE FOLLOWING STIPULATION: 1. THE SPACE BE SOUND PROOFED. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Consider A Conditional Use Permit Request by Steven Shoemaker/Public Hearing Commissioner spotts stated he is a property owner within the affected area and would abstain from discussion and voting on this item due to the perception of conflict of interest. Elk River Planning Commission December 22, 1992 Page 6 . Janelle Schmitz, Zoning Assistant, explained the applicant, Steven Shoemaker, 11106-190th Avenue NW, is requesting a conditional use permit to excavate roughly 31,250 cubic yards of black dirt from a Type 3 wetland to construct an open water pond for wildlife viewing. The Soil and Water Conservation District, the Board of Water and Soil Resources, and the Army Corps of Engineers reviewed this request and reported no problems with the request. Although the proposal will not affect any public water wetlands and approval of the DNR is not required, Dale Homuth, DNR Area Hydrologist, commented that the proposed alteration should not be viewed as a wildlife habitat improvement and suggested modifications. Ms. Schmitz expressed staff's concerns with the amount of traffic generated with this proposal. considering the amount of fill being removed, the truck traffic in a residential neighborhood would be extensive. The applicant is researching alternative routes. Ms. Schmitz reminded the planning commission of Terry Maurer's letter suggesting the streets be inspected before beginning the proposed project. Staff believes the traffic issue and related road condition issues are the primary concerns with this request. . Ed Stoutenburg, 19032 Yale Circle NW, asked if the pond would alter current drainage patterns. Ms. Schmitz responded as per the City engineer, it will not improve drainage in the area however, it should not have a detrimental affect either. Ms. Schmitz indicated staff is recommending denial of the request for a conditional use permit to excavate 31,250 cubic yards of black dirt in a Type 3 wetland. Further, staff feels this request does not meet the seven standards for a conditional use permit. Ms. Schmitz stated staff is particularly concerned with the traffic generated by the proposed use and the affect the use would have on the residential area. If the applicant were to find an alternative route for trucks to use and the plan was altered to comply with the DNR recommendations, staff would be more supportive of the request. Chairman Nadeau opened the public hearing. Stephen Hartman, 19075 Xavier Street NW, asked if this pond would affect the normal drainage flow in the area when it is constructed and several years from now. Further, can a drainage study be done to eliminate concerns of this nature. Stephen Rohlf explained the current drainage pattern of the area and replied the City engineer and the Soil and Water Conservation District did not have any particular concerns regarding drainage patterns. Ms. Schmitz recommended the planning commission and the City require soil boring tests prior to the proposed excavation. In conclusion, Mr. Hartman stated his concern regarding the traffic in his neighborhood and that he is against the proposed wetland excavation. . After extensive discussion and given the complexity of the proposed excavation, the planning commission recommended continuing this item until questions can be resolved and presented more clearly. Ms. Elk River Planning Commission December 22, 1992 Page 7 . Schmitz recommended Steven Shoemaker return to the commission with a new site plan with several issues resolved (truck access/alternative routes, design, and amount of fill being removed). Ms. Schmitz also requested the applicant show the gas lines on the revised site plan. COMMISSIONER JOHNSON MOVED TO CONTINUE THE PUBLIC HEARING FOR A CONDITIONAL USE PERMIT REQUEST BY STEVEN SHOEMAKER, CASE NO. CU 92-025, TO THE JANUARY 26, 1993, PLANNING COMMISSION MEETING TO BE HELD AT THE ELK RIVER PUBLIC LIBRARY. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Farmers Market/Bill Kennedy (Informational Item) Janelle Schmitz, Zoning Assistant, briefed the planning commission regarding a proposed Farmers Market by Bill Kennedy. The Farmers Market has been approved as a non-profit organization. The Kennedy's hope to begin operating on May 1, 1993 and remain open through the end of October. Two sites have been tentatively chosen from which to operate the Farmers Market: the downtown parking lot behind Johnson's Department Store and the Cenex location on Highway 10 and Hudson Street. . The Cenex site is zoned C3 and allows produce markets, however, the downtown site is zoned Cl and does not. Also, signage issues need to be resolved: the Kennedy's indicated they wish to have a permanent sign as well as a banner at each location which would remain throughout the entire season. The Kennedy's also indicated they would like to have several off-premise directional signs. Issues related to parking should be addressed prior to the Farmers Market opening. More information regarding the layout of the proposed Farmers Market is needed. It was the consensus of the planning commission that a Farmers Market would be an appropriate use in the downtown area, and they would be supportive of an ordinance amendment to allow such a use. 9. OTHER BUSINESS Commissioner spotts reported the City Council requested a joint City Council and Planning Commission meeting, possibly in February, 1993. Commissioner Johnson requested staff wetlands and ponds in residential commission. review areas City and liability regarding report back to the Commissioner spotts indicated he would not be attending the Annual Meeting in January, 1993. . stephen Rohlf informed the planning commission of a recent letter from Elk River Associates regarding a meeting January 7, 1993. The meeting will be a public meeting presenting the project to the public and receiving input from concerned parties. The location of the meeting will be published in the local newspaper. A copy of the letter was given to each planning commissioner. . . . Elk River Planning commission December 22, 1992 Page 8 10. Adjournment There being no further business, COMMISSIONER JOHNSON MOVED THE MEETING. COMMISSIONER MINTON SECONDED THE MOTION. CARRIED 5-0. TO ADJOURN THE MOTION The meeting of the Elk River Planning Commission adjourned at approximately 10:30 p.m. ?SIn:~~bm~~)~AmldiJ Catherine M. Schmidt Recording Secretary