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05-28-1986 PC MIN . . . REGULAR MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY WEDNESDAY, MAY 28, 1986 Members Present: Chairman Tralle, Commissioners Fuchs, Wilson, Barrett, Temple and Warner Members Absent: Commissioner Merrick Staff Present: Stephen Rohlf; Building and Zoning Administrator, Pat Klaers; City Administator 1. The meeting was called to order at 7:00 p.m. by Chairman Tralle. 2. Consider Agenda for Wednesday, May 28, 1986 Planning Commission Meeting Chairman Tralle added "Conditional Use Permit Request for Northern States Power Company/Public Hearing" as Item 3.5 instead of having them as Item 10 due to the number of people and time frame. COMMISSIONER WILSON MOVED TO APPROVE THE MAY 28, 1986 AGENDA AS AMENDED. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 6-0. 3. Consider Minutes of the April 22, 1986 Planning Commission Meeting and Consider Minutes of the Special Planning Commission Meeting on May 7, 1986. Commissioner Temple noted that on Page 7, Item 7 motion should be revised to read "MOTION PASSED 4-0." Commissioner Temple also noted that Item 13 on page 9 motion should be revised to read "THE MOTION PASSED 4-0." Commissioner Fuchs indicated that Item 13, on page 9, paragraph three, the name should be revised to read "Floyd Stromberg". Commissioner Temple noted that Item 15 on page 10 ,r,otion should be revised to read "COMMISSIONER BARRETT SECONDED THE MOTIO~\j. THE MOTION PASSED 4-0." COMMISSIONER WILSON MOVED TO APPROVE THE MINUTES OF THE MAY 28, 1986 PLANNING COMMISSION MEETING AS AMENDED. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 6-0. Chairman Tralle indicated on the May 7, 1986 minutes should be revised to read that Commissioner Warner was present. COMMISSIONER TEMPLE MOVED TO APPROVE THE MINUTES OF THE MAY 7, 1986 SPECIAL PLANNING COMMISSION MEETING AS AMENDED. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 6-0. 3.5 Consider Variance Request for Northern States Power Company/Public Hearing Chairman Tralle presented this item indicating Northern States Power is requesting a 37 feet encroachment on the 40 feet maximum building height allowed in an II zoned district. He indicated staff has one major concern with this variance which comes from Fire Chief, Russ Anderson. A building beyond 35 feet in height would not be accessible to our Fire Department. Planning Commission Minutes May 28, 1986 Page Two . Chairman Tralle further indicated that if this variance is granted, one of the conditions of the conditional use permit should be a hold harmless clause. Chairman Tralle asked Steve Rohlf ,Building & Zoning Administrator to give a definition of the hold harmless clause. The Building and Zoning Administrator indicated that the "Hold Harmless Clause was a clause to indemnify, hold harmless, and defend against liability claims by NSP/UPA or third persons due to inadequacy of Elk River fire fighting equipment to combat fires in a building of the permitted height. He indicated this was not the exact wording but will give you some idea what is meant by a hold harmless clause. Chairman Tralle opened the public hearing. Mr. Gary Peterson of Elk River was present and was against the variance request he felt another type of business would be more beneficial and give us a better tax base. He further indicated once a precedent is set we are open to wide variety of situations. Also was concerned about the health and safety of the people and does NSP have a training background regarding hazards waste that might end up in that facility. Mr. Peterson was interesting in knowing how many similiar facilities do we have in the state. Peter Jones representative from NSP indicated there were three that he was aware of. Mr. Peterson wanted to know the five standards for a variance. Steve Rohlf, Building and Zoning Administrator was asked to read the five standards for a variance and NSP repesentatives commented on the these. . Mr. Don Chmiel from NSP comment on variance standard 1/1 was undue hardships would be caused to the applicant by the literal enforcement of the ordinance because the flail mills enclosure vents to the atmosphere and the magnetic ferrous drum which extracts metal are an integral part of our project in order to have safety precautions and provide the separation of processing solid waste. Because of ground water conditions we cannot lower the structure. Mr. Chmiel's comment on variance standard #2 was the specific hardship would not be characteristic of potential structures which could be located in the I-I district, because the hardship is unique to a RDF facility. Mr. Chmiel's comment to variance standard #3 was waste processing is an acceptable use within the I-I ordinance. The applicant should have the right to process and recover fuel and other materials from solid waste without extraordinary measures. Mr. Chmiel's comment on circumstances are due to fundamental to the safe and variance standard #4 was special conditions the integral design of the RDF facility and efficient operation of this facility. and are . Mr. Chmiel's comment on variance standard #5 was the issuance of the variance would not have an injurious effect on the residents of the City because of the intent of NSP/UPA to be in conformance with ordinance requirements. It is our understanding that the City Staff is recommending to the Planning Commission that the Variance if issued be conditioned upon issuance of a Conditional Use Permit which would include specific conditions. . . . Planning Commission Minutes May 28, 1986 Page Thr.ee Tom Woods felt that the variance should be denied because of variance standard #5, which shows that it could have an injurious effect on the residents of the City of Elk River. He further indicated that the people who work in that plant will be residents of Elk River and felt this was a violation of the ordinance. Mrs. Susan Sundahl of Ramsy was present and asked if we were aware of the public outcry regarding this facility and that the people are against it in this area. She was concerned about the value of her land going down and indicated they would move if this facility was allowed to go in. She further indicated that they had their farm appraised and the value of the farm would be much less if this facility was allowed to go in. Chairman Tralle indicated he would like this appraisal submitted to the staff. Jean Eggert of Elk River was against this variance for basically the same reasons. She further noted that they were moving if this facility goes in and no matter what the figures show she felt they could not be 100% sure that this will not pollute the air and ground water. Mr. Leslie Davis was present of 1138 Plymouth Building, Minneapolis, Minnesota. Mr. Davis's comment was that he was against this variance because it would lower property values. He would like to see an appraiser hired to check into this. He further indicated he did not understand the Hold Harmless Clause. Chairman Tralle indicated that this basically states the City will not be held responsible for lack of fire equipment that can not reach the top of this building. Chairman Tralle further noted that they are trying to make the safest possible plant that they can and there are no guarantees and this is an issue that he has spent a lot of time on to come up with the right answers as this will affect all of us. Chairman Tralle closed the public hearing. Discussion was held regarding the flail mills enclosure vents and Commissioner Warner wanted more information on the flail mills before he could make a decision. Susan Sundahl indicated they were going to get a petition started and wanted to know what kind of time frame they were talking about. Commissioner Warner indicated that they should get this in as soon as possible. Jerome Zylkowski, project manager for NSP, invited the staff, Planning Commission Members, City Council and anyone interested to tour the ReF facility at Newport. It was the concensus of the Planning Commission that a tour of the plant should be arranged. Commissioner Fuchs felt he was not in a position at this time to make a decision. He felt he wasn't prepared to decide on variance standard #5 and would like to have this continued. He asked the Building and Zoning Administrator to get more copies of the Draft Environmental Statement Review. It was the concensus of the Planning Commission to table thig until a later date when the final EIS has been completed. Planning Commision Minutes 5/28/86 P~ge Four . 4. Consider Sign Permit for Pamida Chairman Tralle reviewed this item as there was no one from Pamida at the meeting to present it. Chairman Tralle noted that Pamida was requesting an additional sign in the rear of the Pamida Store. The original request was for a total of 665 square feet of signage and the new request is for an additional 276 square footage of signage, making the total signage of the building 941 square feet. Steve Rohlf, Building and Zoning Administrator noted that Pamida has roughly 380 lineal feet of frontage on Freeport Avenue and if the store was going in a commercial district they would be allowed 760 square feet of signage. He noted that there is a private road which serves several lots in this PUD including the Coast to Coast Store which could be considered frontage except it is not a public street. Staff feels this is an over abundance of signage and a 4 foot by 24 foot sign saying Pamida would be sufficient for the rear of the store. Commissioner Fuchs asked about the free-standing sign in the Elk River Mall if it was higher than the 36 feet. It was the consensus of the Planning Commission that the Building & Zoning Administrator check on this. . COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL TO APPROVE THE SIGNAGE FOR PAMIDA ALLOWING A 4' x 24' SIGN WITH THE WORD PAMIDA ONLY ON THE REAR OF THE STORE. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 6-0. 5. Consider Sign Permit for McDonalds Kevin Mazzu, Area Sales Representative for McDonalds was present and indicated they were requesting to put up a promotional banner to advertise new products and special promotions to coincide with regular advertising. Commissioner Fuchs was against the request because he felt we would be setting a precident and be opening this up for everyone else. He further indicated he felt that all this signage would be more of an detraction than anything else. Chairman Tralle noted that if we allow this, everyone will want banners and were trying to keep out some of these signs. Commisioner Warner indicated he would like to see permanent signs rather than temporary type sign. Mr. Mazzu indicated they would be happy to comply with any temporary sign that would be allowed. He further noted these banner type signs were heavy canvas material and very professional made and fairly attrative. Signage was discussed in length by the Planning Commission. . COMMISSIONER FUCHS MOVED TO APPROVE THE ONLY GAZEBO SIGNAGE FOR MCDONALDS FOR A 6 MONTH TIME FRAME WITH A REVIEW AT THE END OF THAT TIME AND THAT THE BANNER COULD NOT EXCEED THE 3 BY 20 FEET. COMMISSIONER WARNER SECONDED THE MOTION. THE MOTION PASSED 6-0. Planning Commission Minutes May 28, 1986 Page Five . 6. Consider. Variance Request for Martie's Farm Service/P.H. Chairman Tralle noted that Mr. Martie owner of Martie's Farm Service located at 345 Jackson Avenue, in Elk River has currently two buildings which are. located in a C3A zone and a feed store is a non-conforming use in this zone. He would like to add an addition connecting the two buildings, making one building. Mr. Russell Martie was present and indicated that he would be pouring a slab for a pole type building approximately 28 feet by 28 feet and he would like to redo the outside buildings so all the buildings would be more consistant. Mr. Martie further noted that by adding this addition he would have room for bulk storage. Chairman Tralle opened the public hearing. No one appeared for or in opposi- tion to the request. Chairman Tralle closed the public hearing. Steven Rohlf, Building and Zoning Administrator noted that an expansion of a non-conforming use is advertised as a variance, and if approved, that the setback be approved at this time. Mr. Martie's building encroaches 5 feet on the required 25 feet front yard setback in a C3A zoned district. Chairman Tralle felt that the improvement of this building would be an asset to the community. . Commissioner Warner asked about the outside buildings and how he was going to redo this. Mr. Martie indicated the outside of the buildings were flaking off and the outside would be repainted or resurfaced. Commissioner Warner further noted that he would like to see the outside resided to match the rest of the buildings so it would be more consistant, also the roof lines would be matching. Commissioner Barrett noted that he would like to see the outside be more consistant with the rest of the buildings. Discussion was held regarding the cost of alterations and that it not be in excess of 25% of the appraised value. They felt if he took 25% of the assessed value he would not be able to make much of an improvement. COMMISSIONER TEMPLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT A VARIANCE BE GRANTED TO MR. RUSSELL MARTIE OWNER OF MARTIE'S FARM SERVICE LOCATED AT 345 JACKSON AVENUE, ELK RIVER AND THAT THE CONDITIONS ARE: 1. THAT THE COST OF THE ALTERATIONS IS NOT IN EXCESS OF 25% OF THE APPRAISED VALUE OF THE IMPROVEMENTS ON THE PROPERTY. 2. THAT THE ENTIRE NON CONFORMING USE OF THE PROPERTIES SHALL BE DISCONTINUED AT THE EXPIRATION OF THE AMORTIZATION WHICH WOULD BE APPROXIMATELY THE YEAR 2020. . 3. THAT THE VARIANCE ENCROACHING 5 FEET ON THE REQUIRED 25 FEET FRONT YARD SETBACK BE APPROVED. COMMISSIONER BARRETT SECONDED THE MOTION. THE MOTION PASSED 6-0. . . . Planning Commission Minutes May 28, 1986 Page Six Motion was amended to read: COMMISSIONER WARNER MOVED TO RECOMMEND THAT THE ADDITIONAL SIDING RUN CONSISTANT THROUGHOUT THE ENTIRE STRUCTURE AND ALL ALTERATIONS BE COMPATIBLE WITH THE EXISTING BUILDING. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 6-0. 7. Consider Variance Request for Ralph Nissen/P.H. This variance request was withdrawn until a later date. Chairman Tralle opened and closed the public hearing. 8. Consider Variance Request for Michael Lewandowski/P.H. Chairman Tralle reviewed this and indicated Mr. Lewandowski of 517 4th Street, Elk River is requesting to build a garage on Lot 5, Block 20, Village of Elk River Addition. This lot is in a C-4 zoned district and single family dwellings are a nonconforming use in that district, therefore, the garage would be an expansion of this nonconforming use. Chairman Tralle opened the public hearing. opposition to the request. No one appeared for or in Chairman Tralle closed the public hearing. Mr. Lewandowski was present and indicated that he is proposing to have his garage five feet from the property line. Stephen Rohlf, Building and Zoning Administrator, indicated that staff has no problem with this variance as he meets the five standards for a variance request. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL TO APPROVE THE VARIANCE REQUEST FOR MICHAEL JOHN LEWANDOWSKI OF 517 4TH STREET, ELK RIVER WITH THE FOLLOWING STIPULATIONS: 1. THAT THE COST OF THE ALTERATIONS IS NOT IN EXCESS OF 25% OF THE ASSESSED VALUE OF THE IMPROVEMENTS OF THE PROPERTY. 2. THAT THE ENTIRE NONCONFORMING USE OF THE PROPERTY SHALL BE DISCONTINUED AT THE AMORTIZATION WHICH WOULD BE APPROXIMATELY THE YEAR 2020. 3. THE OWNER OF THE PROPERTY SHALL EXECUTE AND RECORD IN A FORM PRESCRIBED BY THE CITY ATTORNEY, A DOCUMENT PLACING FUTURE PURCHASERS OF THE PROPERTY ON NOTICE OF THE AMORTIZATION PERIOD AND THAT THE AMORTIZATION PERIOD IS NOT EXTENDED BY REASON OF THE ALTERATION. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 6-0. Planning Commission Minutes May 28, 1986 Page Seven . 9. Consider Variance Request for Robert & Linda Steinbrg/P.H. Robert & Linda Steinberg of 10528 175th Avenue N.W., Elk River were present and indicated they were requesting a 375 foot encroachment on the required 600 foot setback to build a metal skinned building. Mr. Steinberg indicated the building would be approximately 25' x 35' and would be an agricultural building used mainly for horses. He further indicated they had no problems with the neighbors regarding this variance. Chairman Tralle opened the public hearing. opposition to the request. No one appeared for or in Chairman Tralle closed the public hearing. It was the consensus of the Planning Commission that Steven Rohlf, Building and Zoning Administrator check into having the ordinance changed regarding the 600 feet setback required for an agricultural or metal skinned building from any neighboring residence or platted area. Chairman Tralle indicated we are getting to many request for variances regarding agricultural buildings. . COMMISSIONER WARNER MOVED TO RECOMMEND TO THE CITY COUNCIL TO APPROVE A VARIANCE FOR ROBERT & LINDA STEINBERG OF 10528 175TH AVENUE N.W., ELK RIVER ALLOWING A 375 FOOT ENCROACHMENT ON THE REQUIRED 600 FOOT SETBACK FROM NEIGHBORING RESIDENCES TO A AGRICULTURAL BUILDING. COMISSIONER BARRETT SECONDED THE MOTION. THE MOTION PASSED 6-0. 10. Consider Variance Request for Northern State Power Company/P.H. This item was added as item 3.5 on the agenda. 11. Conditional Use Permit Request by E & 0 Tool & Plastics/P.H. Mr. Don Eardman representing E & 0 Tool and Plastics, Inc. indicated they were requesting a conditional use permit manufacturing (plastics molding) in a C-3A zoned district. that they would employ about twenty-five people. was present and to allow light He further noted Chairman Tralle opened the public hearing. oppostion to the request. No one appeared for or in Chairman Tralle closed the public hearing. Discussion was held regarding the land use map and if this conditional use permit is granted that the land use map be amended to reflect light industrial on this piece of property. . The Planning Commission reviewed the nine conditions which can be set upon a conditional use and the ones that they were concerned about were; "Off Street Parking", Refuse and Service Area", "Landscaping", "Signage", and review of the conditional use permit in two years. . . . Planning Commission Minutes May 28, 1986 Page Eight Stephen Rohlf, Building & Zoning Administrator indicated that the developer has bought another piece of land between their projects and the adjacent apartment buildings to act as a buffer. Staff feels this would be a good business to have in Elk River. Commissioner Fuchs was concerned about the Sewer and water. Mr. Eardman indicated that there is no sewer and water to contend with in this area and that there is septic and drainfield are out there now. This was previously used for a maintenance building and it seemed to be adequate. The only sewer and water needs are for bathrooms. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL TO APPROVE THE CONDITIONAL USE PERMIT FOR E & 0 TOOL & PLASTICS, INC. WITH THE FOLLOWING CONDITIONS: 1. STAFF RECOMMENDS THAT THE PARKING LOTS BE HARD SURFACED AND STRIPPED AND ONE HANDICAP SPACE BE PROVIDED. 2. THAT THE DOCKING AREA AND REFUSE AREA BE LOCATED AS INDICATED ON SITE PLAN AND THAT THE REFUSE AREA SHOULD BE FENCED. 3. THAT THE AREA NOT USED FOR PARKING OR DRIVE SHOULD BE LANDSCAPED WITH AT LEAST GRASS. 4. THAT THE SIGNAGE WOULD BE THEIR NAME ON THE BUILDING AND BE IN ACCORDANCE WITH THE ELK RIVER SIGN ORDIANCE. 5. THAT THE PLANNING COMMISSION REVIEW THIS CONDITIONAL USE PERMIT AT THE END OF TWO YEARS. COMMISSIONER WARNER SECONDED THE MOTION. THE MOTION PASSED 5-0. 12. Consider Zone Change Request by Howard Johnson/P.H. Dr. Howard Johnson was present and indicated he was looking for some guidelines from the Planning Commission on which way to go to zone change outlot A of Meadowvale Park Subdivision from R3 Multi-family residential to C-3A Highway Commercial to accommodate a professional office building. Dr. Johnson indicated his first choice would be C3A zone so it wouldn't create a spot zone in the area. Commissioner Warner felt he would like to see this changed to C2 zone to act as a buffer between commercial and residential. The staff would like to see it kept all in one zone, outlot A and the lot Dr. Johnson's building is setting on now. . . . Planning Commission Minutes May 28, 1986 Page Nine Chairman Tralle opened the public hearing. Mr. Earl Hohlen of 39 Main Street, Elk River was present and iridicated he owned County ditch 10 that ran through the property and it was not a City ditch as he had rerouted it. Chairman Tralle closed the public hearing. Dr. Johnson indicated that the County ditch #10 runs thru outlot A and he is working with the County on possible piping the County ditch underground and creating a parking lot over it. Commissioner Wilson feelings were that he would like to see it stay C3A so as not to create a spot zone in the area. Commissioner Warner indicated he would like to see it change to C2 to act as a buffer between commercial and residential. COMMISSIONER FUCHS MOVED TO REDCOMMEND TO THE CITY COUNCIL TO APPROVE THE ZONE CHANGE ON OUTLOT A ONLY TO C2 TO ACT AS A BUFFER BETWEEN COMMERCIAL AND RESIDENT- IAL. COMMISSIONER WARNER SECONDED THE MOTION. THE MOTION PASSED 6-0. Commissiner Wilson indicated he would be agreeable to the zone change to a C2 zone. 13. Consider Preliminary and Final Plat for M & S Development for Lots 1 thru 20/P.H. (Rep1at #5) Representatives from M & S Development of 1918 1st Avenue South, Suite D. Anoka, Minnesota were present and indicated they were requesting preliminary and final plat review of a replat in Barrington Place PUD. The lots in questions would be Lots 1 thru 20, Block 5 in Barrington Place PUD. They further indicated they were proposing to build twelve duplexes, making a total of twenty-four dwelling units and would be zero lot line. They also indicated they would like to build this in phases as to give them some flexibility. Chairman Tralle opened the public hearing. No one appeared for or in opposition to the request. Chairman Tra1le closed the public hearing. Discussion was held regarding the park dedication fee. Mr. McLaughlin indicated they would be paying the park dedication fee even tho Gar-Sen Industries no longer exist so it is impossible to collect park dediction from the original developer. . . . Planning Commission Minutes May 28, 1986 Page Ten Stephen Rohlf, Building and Zoning Administrator indicated that staff is unable to find the PUD agreement, and Dave Sellergren is checking into this. He further indicated that all fees be paid prior to recording of the plat. Commissioner Fuchs indicated he lived in Elk Hills and ,was concerned that the ponding area would be a problem as 85% of the area would be black topped and no area for the water to soak into the ground. Commissioner Fuchs would also like the City Engineer to look into this as to where all the water is going to go because of all the black top. Discussion was held regarding the fire hydrant on the North end of the plat which should be adequate fire protection in case the road in and out of these townhouses is blocked at the cul-de-sac. It was the consensus of the Planning Commission that Russ Anderson review this again. The Building and Zoning Administrator reviewed the conditions and concerns outlined in his memo with the Planning Commission. COMMISSIONER BARRETT MOVED TO RECOMMEND TO THE PLANNING COMMISSION TO APPROVE THE PRELIMINARY AND FINAL PLAT FOR BARRINGTON PLACE REPLAT 115 CONTINGENT UPON THE CONDITIONS AND CONCERNS AS OUTLINED IN THE BUILDING AND ZONING ADMINISTRATOR'S MEMO. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 5-1. COMMISSIONER FUCHS VOTING NAY. 14. Consider Preliminary and Final Plat for M & S Development for lots 31 thru 35/Public Hearing (Replat 114) The Building and Zoning Administrator noted that M & S Development is requesting a preliminary plat and final plat reveiw of replat#4 in Barrington Place PUD. The lots in question would be Lots 31 thru 35, Block 3, Barrington Place PUD. They are proposing to build two four-plexes, Lots 1 thru 8, to accommodate townhouses. Lot 9 would be a common area for the two-four-plexes. Chairman Tra11e opened the public hearing. opposition of the request. No one appeared for or in Chairman Tralle closed the public hearing. Discussion was held regarding the conditions and concerns as outlined in the Building and Zoning Administrator's memo. Commissioner Temple was concerned about the landscaping on Lot 9 which would be a common area for the two four-plexes. Landscaping was discussed and the Building and Zoning Administator indicated M & S Development did an excellent job of landscaping on their other buildings. . . . Planning Commission Minutes May 28, 1986 Page Eleven Parking was discussed and the Building and Zoning Administrator indicated that the association agreement should be drawn up so that lot number 36 is agreed to for use as off street parking for the 8 garages associated with the townhouses. Also that the agreement show that this lot as being access for those garages from 6th Street. COMMISSIONER BARRETT MOVED TO RECOMMEND TO THE CITY COUNCIL TO APPROVE THE PRELIMINARY PLAT AND FINAL PLAT FOR BARRINGTON PLACE REPLAT 114 CONTINGENT UPON THE CONDITIONS AS OUTLINED IN THE BUILDING AND ZONING ADMINISTRATOR'S MEMO ALSO THE ADDITIONAL CONDITION THAT THE UTILITIES DRAW ON THE PLAT MAP HOW TO RUN THE WATER LINES THAT SHOULD BE PART OF THE PLAT AS DRAWN. COMMISSIONER WARNER SECONDED THE MOTION. THE MOTION PASSED 6-0. 15. Ordinance Interpretation IGas Stations in C-l Zone COMMISSIONER TEMPLE MOVED TO RECOMMEND TO THE CITY COUNCIL TO APPROVE AN ORDINANCE AMENDMENT TO ALLOW GAS STATIONS IN A C-l ZONE AS A CONDITIONAL USE. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 6-0. 16. Consider Final Plat for Sandpiper Estates Richard Deziel representing Sandpiper Estates was present and indicated they were requesting final plat review for an subdivision called Sandpiper Estates,. This subdivision will consist of 43 single family lots. Discussion was held by the Planning Commission and staff regarding the eleven conditions and concerns as oultined in the Building and Zoning Administator's memo. Commissioner Fuchs was concerned with phasing in as these are all partial developments and would like to see developers not phase. Commissioner Tralle indicated we have to be careful about the phasing especially the samller ones under 20 lots or less. He further indicated that before further development happens in this area that would add traffic to County Road 30, the improvements proposed by the County, for the road, be completed. Also, that staff has a petition signed by the local residents with approximately 167 names on it to complete the road from Waco on out on County Road 30. The Building and Zoning Adminsitator indicated that one of the additional problems staff has with this is that there is only one access. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL TO APPROVE THE FINAL PLAT FOR SANDPIPER ESTATES WITH THE PHASING AS SHOWN AND CONTINGENT UPON THE CONDITIONS AS OUTLINED IN THE BUILDING AND ZONING ADMINISTRATOR'S MEMO. COMMISSIONER WARNER SECONDED THE MOTION. THE MOTION PASSED 6-0. . Planning Commission Minutes May 28, 1986 Page Twelve 17. Consider Final Plat for Vernon Court Mr. Tim Smith of 13527 190th Avenue N.W., Elk River presented this item to the Planning Commission indicating they were requesting a final plat review of a plat that is called Vernon Court with approximately 4.25 acres which he would like to divide into 16 lots to accommodate duplexes. The property is zoned R-3 in which duplexes would be allowed. Park dedication was discussed and Chairman Tral1e noted that the developer proposes to build 16 duplexes for a total of 32 dwelling units and staff recommends that park dediction be $100.00 per dwelling unit for the number of dwelling units over the amount which they could put on the property prior to this subdivision for a total of $2,000.00. Mr. Earl Hohlen of 39 Main Street was present and was concerned about the depth of the storm sewer to the east and where it will discharge. He would like to see the City Engineer review the final plans and specs for the water and sewer. It was the concensus of the Planning Commission that if a drainage easement be acquired if the developer plans on using the County ditch that lies east of the plat to provide for drainage and the drainage be reviewed by Terry Maurer, City Engineer. . COM;MISSION TEMPLE MOVED TO RECOMMEND TO THE CITY COUNCIL TO APPROVE THE FINAL PLAT FOR VERNON COURT CONTINGENT UPON THE CONDITIONS OUTLINED IN THE BUILDING AND ZONING ADMINISTRATOR'S MEMO AND BUILDING PERMITS BE ALLOWED ON LOTS 2 AND 15 PRIOR TO THE IMPROVEMENT FOR THE PLAT BEING FINISHED. COMMISSIONER BARRETT SECONDED THE MOTION. THE MOTION PASSED 6-0. 18. Adjournment There being no further business, COMMISSIONER WILSON MOVED TO ADJOURN THE MEETING. COMMISSIONER WARNER SECONDED THE MOTION. THE MOTION PASSED 6-0. The meeting of the Elk River Planning Commission adjourned at 11:30 p.m. J}tUM.J$~ Recording Secretary Sharon Maue .