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11-24-1998 PC MIN . . . /J lID"'lIDfmfmO In nr? ffl WJlrlrlrjlWW ~ill MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, NOVEMBER 24,1998 Members Present: Chair Mesich, Commissioners Chambers, Cote, Kuester, Morris and Schuster Members Absent: Commissioner Thompson Staff Present: Scott Harlicker, Assistant Planner; Steve Wensman, Planner; Paul Steinman, Economic Development Director Debbie Huebner, Recording Secretary 1. Call Meetinq To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:32 p.m. by Chair Mesich. 2. Consider 11/24/98 Planninq Commission Agenda COMMISSIONER COTE MOVED TO APPROVE THE NOVEMBER 24, 1998 PLANNING COMMISSION AGENDA. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3. Consider Consent Aqenda COMMISSIONER KUESTER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. REQUEST BY PHOENIX ENTERPRISES FOR PRELIMINARY PLAT APPROVAL (HILLSIDE 9TH), PUBLIC HEAIRNG CASE NO. P 98-5 - POSTPONED TO DECEMBER 22, 1998. 3.2. REQUEST BY PHOENIX ENTERPRISES FOR REZONING (HILLSIDE 9TH), PUBLIC HEARING CASE NO. ZC 98-7 - POSTPONED TO DECEMBER 22, 1998 3.3. REQUEST BY PHOENIX ENTERPRISES FOR CONDITIONAL USE PERMIT FOR PUD (HILLSIDE 9TH), PUBLIC HEARING CASE NO. CU 98-21 - POSTPONED TO DECEMBER 22, 1998 COMMISSIONER MORRIS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 4. Consider 10/27/98 Planninq Commission Minutes COMMISSIONER COTE MOVED TO APPROVE THE OCTOBER 27,1998 MINUTES. COMMISSIONER MORRIS SECONDED THE MOTION. THE MOTION CARRIED 6-0. Planning Commission Minutes November 24, 1998 Page 2 . 5. Plannina Commission Representative to Attend December 21, City Council Meetinq Commissioner Chambers will attend the December 21, 1998 City Council Meeting. 6.1. Tax Increment Financinq District #9 Budqet Modification Paul Steinman, Economic Development Director, indicated that a budget modification is proposed for Tax Increment Financing District (T.I.F.) NO.9. He explained that the Planning Commission is required to review and act on the issue of whether the use within the proposed or existing tax increment district is consistent with the general plans for the development and redevelopment of the city, and conforms to the Comprehensive Plan of the city. Paul Steinman noted that TIF District NO.9 consists of parcels owned by Tescom Corporation. Commissioner Kuester asked Paul to explain the modification. Paul explained that T.I.F. dollars will be used to construct a sidewalk around the perimeter of the industrial park and for improvements to the entrance sign. Commissioner Kuester questioned if this proposal would extend the life of the T.I.F. district. Paul stated that it would not. Commissioner Kuester asked why the sidewalk is proposed around the outside perimeter, rather than around the street perimeter. Paul explained that at least 40 percent of the funds must be spent within the T.I.F. district. . COMMISSIONER COTE MOVED APPROVAL OF RESOLUTION NO. 98-4, A RESOLUTION OF THE CITY OF ELK RIVER PLANNING COMMISSION FINDING THAT THE MODIFICATION TO THE BUDGET FOR TAX INCREMENT FINANCING DISTSRICT NO.9 CONFORMS TO THE GENERAL PLANS FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6.2. Request by Lyle Talbot for Land Use Amendment from MR (Medium Density Residential) to CC (Community Commercial), Public Hearing Case No. LU 98-4 6.3. Request by Lyle Talbot for Rezoning from R1c (Sinqle Family Residential) to C4 (Neiqhborhood Commercial), Public Hearinq Case No. ZC 98-10 Staff report by Scott Harlicker. Lyle Talbot has requested the following: 1. Land use plan amendment from MR (Medium Density Residential) to CC (Community Commercial). 2. Rezoning from R1 c (Single Family Residential) to C4 (Neighborhood Commercial) Scott reviewed the adjacent land uses and zoning, access, utilities and other issues associated with the land use and rezoning requests. . Commissioner Cote asked where other C4 zoning is located in the city. Scott explained that there is a parcel at Highway 169 and 193rd, and also one at Highway 10 and Joplin. . . . Planning Commission Minutes November 24, 1998 Page 3 Chair Mesich opened the public hearing. Rich Schultz, 19172 Zane Street, property owner to the west of the Talbot property, questioned what type of uses he proposed to locate on the site. Lyle Talbot, applicant, explained that the property is divided in half by a wetland. He indicated he is considering a "Tom Thumb" type convenience store for the western portion of the property, and an "office" type building to the east with 1-3 tenants. Mr. Schultz indicated he had no objection to Mr. Talbot's proposal. Commissioner Kuester indicated she did have some concern that the access would have to be from 193rd. Mr. Talbot explained how development of his property with access onto 193rd also will solve the access problem of the neighboring property owner, Mrs. Carton. There being no further comments from the public, Chair Mesich closed the public hearing. Chair Mesich questioned if office buildings were allowed in the C4 zoning district. Scott Harlicker indicated office buildings are not listed as a permitted use. Mr. Talbot indicated that he would be proposing the types of uses allowed by the city in the C4 district such as a barber shop, dry cleaning or a video rental store. Commissioner Cote stated he did not feel the proposed land use is compatible with the adjacent land uses. He also stated he did not feel that times and conditions have changed to warrant rezoning the property to Neighborhood Commercial. COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF RESOLUTION NO. 98-_, A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM MR (MEDIUM DENSITY RESIDENTIAL) TO CC (COMMUNITY COMMERCIAL), PUBLIC HEARING CASE NO. LU 98-4, BASED ON THE FOLLOWING FINDINGS: A. THE AREA UNDER CONSIDERATION FOR COMMUNITY COMMERCIAL LAND USE DESIGNATION IS ADJACENT TO COUNTY ROAD 1, WHICH IS CLASSIFIED AS A MINOR ARTERIAL ROADWAY AND WHICH CAN PROVIDE FOR THE ADEQUATE TRANSPORTATION NEEDS FOR COMMUNITY COMMERCIAL DEVELOPMENT B. THE PROPOSED AMENDMENT WILL ENCOURAGE LIMITED COMMERCIAL DEVELOPMENT TO SERVE THE ADJACENT RESIDENTIAL AREA AND NEIGHBORING BUSINESSES. C. THE PROPOSED AMENDMENT WILL ALLOW FOR A REZONING THAT WILL PROVIDE FOR LAND USE OPPORTUNITIES TO ATTRACTED CONVENIENCE RETAIL STORES AND PERSONAL SERVICE ESTABLISHMENTS. D. THE PROPOSED AMENDMENT IS COMPATIBLE WITH THE ADJACENT LAND USES. Planning Commission Minutes November 24, 1998 Page 4 . COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 5-1. Commissioner Cote opposed. COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF ORDINANCE NO. 98- _, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1C (SINGLE FAMILY RESIDENTIAL) TO C4 (NEIGHBORHOOD COMMERCIAL), PUBLIC HEARING CASE NO. ZC 98-10, BASED ON THE FOLLOWING FINDINGS: 1. THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF CC (COMMUNITY COMMERCIAL). 2. TIMES AND CONDITIONS HAVE CHANGED TO WARRANT THE DEVELOPMENT OF THIS PROPERTY AS NEIGHBORHOOD COMMERCIAL. 3. THE PROPERTY IS ADJACENT TO A MINOR ARTERIAL WHICH CAN MEET THE TRANSPORTATION NEEDS OF BUSINESSES ALLOWED UNDER THE C4 ZONING DISTRICT. 4. THE PROPOSED C4 ZONING DISTRICT IS COMPATIBLE WITH THE ADJACENT ZONING DISTRICTS. . 5. THE PROPERTY IS WITHIN THE URBAN SERVICE AREA AND IS WITHIN CLOSE PROXIMITY TO EXISTING SERVICES. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 5-1. Commissioner Cote opposed. 6.4. Reauest by Associated Developers of the Twin Cities, Inc. for Rezoninq, Public Hearing Case No. IC 98-9 6.5. Reauest by Associated Developers of the Twin Cities, Inc. for Preliminary Plat (Elk River Crossinq), Public Hearinq Case No. P 98-8 6.6. Reauest by Associated Developers of the Twin Cities, Inc. for Conditional Use Permit. Public Hearinq Case No. CU 98-26 Staff report by Scott Harlicker. Associated Developers of the Twin Cities has requested the following: 1. Rezoning 60.43 acres from C3(Highway Commercial and R2b (Two family Residential) to PUD (Planned Unit Development) 2. Preliminary plat of 60 .43 acres into 9 commercial lots and 2 outlots 3. A conditional use permit for a 60.43 acre commercial Planned Unit Development . Scott explained changes made in the plat since the last Planning Commission reviewed as follows: The building orientation of the Wal-Mart store has changed, Planning Commission Minutes November 24, 1998 Page 5 . leaving the wetland area open; the right-in-right-out and the free-standing office building has been eliminated; the city right-of-way for Crossing Avenue ends at a point and becomes a private access road; there is a median pedestrian access through the middle of the site, a sidewalk is proposed off of Tyler to the home improvement store, and connects with the business park property. Scott indicated the number of lots in the preliminary plat have been reduced, 2 office lots which incorporate the wetlands, and the freestanding sites along Highway 169. Scott indicated the grading plan has been changed to incorporate the required 3: 1 slopes. Scott reviewed issues associated with the utilities, wetlands, EA W, and landscaping plan. He recommended clustering some landscaping along Highway 1 69. He suggested screening the back of the office building to replace the stand of oaks. Scott explained the location of the pylon sign and entry signs as indicated on the landscaping plan, noting that no other signage information is available at this time. Scott requested that the applicant provide the following: . -Show relocation of gasline easement -Extension of the sidewalk on the south side of the street and connect with Tyler -Realign sidewalk shown on plat so that it lines up with the access into the Wal-Mart -Include landscaped islands across the center of the parking area for both the Wal-Mart and home improvement center lot, to break up the parking lot, control traffic flow through the site and provide shade. -Widen/enhance the landscape strip -Provide elevations, parking calculations, signage, impervious surface calculation -Provide drainage and utility easements on the plat -Provide information on uses at various points of the home improvement center and Wal-Mart and impact on the UPA easement. Scott indicated that since staff has not been given adequate time to review the preliminary plat and conditional use permit, staff recommends postponing these issues until the December 22 meeting. However, staff believes that the requirements for the rezoning request have been met and recommends approval of the rezoning request to PUD at this time. Commissioner Chambers asked if there is a break in the landscaped island between the two sites for vehicles to drive through. Scott stated that it would not be possible to drive through. Tony Gleekel, representing the applicant, Mathew Fischer, stated that he felt most of the concerns expressed by the Planning Commission at the November meeting have been addressed. Mr. Gleekel noted that the landscaping plan is a conceptual plan and that each user will need to submit specific plans for their site, as required in the PUD agreement. Greg Frank, civil engineer for the project, explained the following changes to the plans: . -right-in-right-out and corresponding lot have been eliminated -accesses will be from 3rd Avenue and future Tyler Street, and right-in-right-out truck access in back of the home improvement site. Planning Commission Minutes November 24, 1998 Page 6 . -3: 1 slopes have been met and the wetland has been preserved by separating the Wal-Mart and home improvement sites -ponding areas have been platted as lots -pedestrian corridor from 3rd A venue is 20 foot wide with a 6 foot wide sidewalk. -a common access is shown in the plat for Lot 1 and Lot 2 -tie-in point of Wal-Mart and the home improvement site will be toward the front of the buildings -a portion of the public street has been eliminated and will be a private access into the parking lots. Chair Mesich asked Mr. Frank to explain the route of the truck traffic. Mr. Frank explained where the loading docks are located and how the trucks will move through the site. Mr. Frank indicated that a fenced garden center will be located within the UPA easement and UP A has expressed approval for this type of use. Mr. Frank noted that they also have received approval from Minnegasco to relocate the gas pipeline and Minnesgasco will work jointly with the developer in the relocation design. Mr. Frank explained that 5 parking stalls per 1,000 sq. ft. are included in the plans for the 204,000 sq. ft. Wal-Mart, and also 5 parking stalls per 1,000 sq. ft. for the 112,000 sq. ft. home improvement center. He noted that the same number of parking stalls are shown for retail sites A & B (5 per 1,000 s.f.). . Commissioner Kuester asked where the gas pipeline will be relocated. Mr. Frank explained the tentative alignment and noted that a final determination will be made by Minnegasco. Commissioner Kuester questioned if they plan to have one pylon sign for the PUD. Mr. Gleekel indicated they would like to have more than one pylon sign; one identifying "Elk River Crossing" and one identifying the two "big box" retailers. Commissioner Cote questioned why a median is shown for the truck traffic access. Mr. Frank indicated that it was an error and the access will be a right-in- right-out only. Commissioner Kuester asked where the access points would be for the other sites. Mr. Frank indicated those access points have not yet been determined. Mr. Gleekel indicated their engineers will work with city staff to determine general locations of the access points. Chair Mesich opened the public hearing for the three requests. There being no comments from the public, Chair Mesich closed the public for the rezoning request. . COMMISSIONER KUESTER MOVED TO CONTINUE THE PUBLIC HEARING FOR THE PRELIMINARY PLAT AND CONDITIONAL USE PERMIT REQUESTED BY ASSOCIATED DEVELOPERS OF THE TWIN CITIES, INC. TO THE DECEMBER 22, 1998, PLANNING COMMISSION MEETING. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 6-0. . . . Planning Commission Minutes November 24, 1998 Page 7 Commissioner Cote questioned if the property to the west was included in the development discussions. Peter Beck indicated the applicant does not have ownership of this property and it is not included in the plans. Chair Mesich asked for clarification on the drainage plan. Mr. Frank explained the drainage plan and stated that all the storm water will be collected in a sedimentation pond before going into an existing wetland or the mitigation areas as shown on the plans in blue. He felt the hydrology of the site will be improved as a result of the mitigation. Commissioner Cote indicated he did not have a problem with the plans and supported the rezoning. Peter Beck explained that the city has approved rezoning requests prior to approval of the preliminary plat and conditional use permit for projects. Commissioner Cote expressed his approval of the changes made in the wetlands and building orientation of the two large retail sites. He expressed some concern for the private street and the access, and he indicated that he would like to see the parkway between the two developments widened. He expressed support proof of parking needs. Commissioner Cote indicated he also supported the extension of the sidewalk along Crossing Avenue, and the sidewalk connection to the business park. Commissioner Kuester indicated she supported widening of the walkway between the two sites and also has some concerns about the traffic flow through the sites. Commissioner Cote indicated that he felt the opportunity for extension of the city's streetscape theme would be lost if the public street ends and becomes private. Chair Mesich agreed that the aesthetics would be lost. He supported the continuation of the sidewalk. Commissioner Chambers provided the developers with photos demonstrating how a streetscape can be incorporated into a development. Chair Mesich felt it would be difficult to blend a particular theme with the sites being separated. Commissioner Chambers questioned the developers whether or not the large users would be willing to incorporate an architectural theme. Mr. Gleekel indicated the city will have some control on this issue and that covenants can be used. He felt that there are architectural treatments available which can be used to tie the look of the buildings together. Mr. Gleekel indicated that landscaping and lighting can be used to tie into a streetscape. He felt this issue could be discussed further at the December 22nd Planning Commission meeting. He noted that Wal-Mart does has 4 -5 renditions of their building, so there may some flexibility in meeting the city's concerns. Mr. Gleekel indicated they will be working with staff to discuss what the ordinance requires and possible covenants. Planning Commission Minutes November 24, 1998 Page 8 . Peter Beck indicated that if the plans were complete for the two large users, their conditional use permits could be approved as part of the approval of the overall project. COMMISSIONER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY ASSOCIATED DEVELOPERS OF THE TWIN CITIES FOR A REZONING FROM C3 (HIGHWAY COMMERCIAL) AND R2B (TWO FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT), BASED ON THE FOLLOWING FINDINGS: 1. THE PROPOSED REZONING COMPLIES WITH THE REGULATIONS SET FORTH IN SECTION 900.12(17). 2. THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF HC (HIGHWAY COMMERCIAL). 3. TIMES AND CONDITIONS HAVE CHANGED TO WARRANT THE DEVELOPMENT OF THIS PROPERTY AS A PUD. 4. THE PROPOSED PUD ZONING IS COMPATIBLE WITH THE ADJACENT ZONING DISTRICTS. 5. THE PROPERTY IS WITHIN THE URBAN SERVICE AREA AND IS ABLE TO BE SERVICED BY MUNICIPAL SEWER AND WATER. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 6-0 . COMMISSIONER COTE MOVED TO POSPONE THE REQUEST BY ASSOCIATED DEVELOPERS OF THE TWIN CITIES, INC. FOR PRELIMINARY PLAT (CASE NO. P 98-8) AND CONDITIONAL USE PERMIT (CASE NO. CU 98-26), TO THE DECEMBER 21, 1998, PLANNING COMMISSION MEETING. COMMISSIONER MORRIS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6.7. Request bv Amcon for Preliminary Plat (Elk River Business Park, L.L.C.L Public Hearinq Case No. P 98-7 Staff report by Scott Harlicker. Amcon has requested preliminary plat approval to subdivide 40 acres into 7 lots (Elk River Business Park). Scott recommended that a sidewalk be installed with a connection to the retail development to the north. He indicated the easements need to be shown on the plat and that access to the property to the west should be included as part of this plat. Scott noted that a wetland mitigation plan has not yet been received, but Terry Maurer did not anticipate the layout of plat will change significantly. Also, the City Engineer requested that the grading plan be approved prior to final plat. Scott explained that the County Ditch shown on the plat will likely be abandoned when city sewer and water are extended. Staff recommends approval of the request with the conditions outlined in the staff report. . Discussion followed regarding location of the easements, parking, and access issues. Peter Beck stated that the applicant is being required to provide a private easement for access to the property to the west. Commissioner Kuester asked where the sidewalk would be located. Scott indicated the exact location is not known at this time. Peter Beck suggested that a condition be included that the . . . Planning Commission Minutes November 24. 1998 Page 9 applicant provide an easement in a location of their choice depending upon development of the site. Chair Mesich opened the public hearing. Richard Martin of Brookstone, representing the applicant, stated he felt there was a need for a quality business park in Elk River. He estimated the business park will be approximately 300,000 - 350,000 square feet in size. Jay Hill of Oliver and Associates, indicated he expects to have the necessary wetland information with the next few weeks. Richard Martin expressed his support for the sidewalks, the connection to the retail development, and the condition for the access/easements. Mr. Martin indicated that the utility easements have been delineated (front parking and rear loading areas). Chair Mesich asked Mr. Martin if how he felt about the commuter rail proposal, since their property is near the railroad tracks. Mr. Martin indicated he felt the connection to Elk River would be very positive. There being no further comments from the public, Chair Mesich closed the public hearing. COMMISSIONER COTE MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY AMCON FOR PRELIMINARY PLAT APPROVAL OF ELK RIVER BUSINESS PARK, PUBLIC HEARING CASE NO., P 98-7, WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTERD PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 3. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD. 4. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 5. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 6. A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. . . . Planning Commission Minutes November 24. 1998 Page 10 7. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO ISSUANCE OF BUILDING PERMITS. 8. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES. 9. ALL WETLANDS ON THE SITE SHALL BE IDENTIFIED AND DELINEATED AND ALL WETLAND PERMITS SHALL BE RECEIVED PRIOR TO COMMENCING ANY WORK IN A WETLAND. 10. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 11. A WETLAND MITIGATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 12. SIDEWALKS BE INSTALLED ALONG THE OUTSIDE EDGE OF THE PROPOSED ROAD ALONG WITH A PEDESTRIAN CONNECTIONTO THE ADJACENT COMMERCIAL DEVELOPMENT TO THE NORTH. 13. RESTRICTIVE COVENANTS BE PUT IN PLACE OVER THE WETLANDS AND THE BUFFER AREA. THESE SHALL BE COMPLETED AND RECORDED ALONG WITH THE PLAT. 14. A BOND COVERING THE COST OF THE WETLAND REPLACEMENT IS REQUIRED AND SHALL BE MADE PART OF THE DEVELOPERS AGREEMENT. 15. DRAINAGE AND UTILITY EASEMENTS SHALL BE REVISED TO INCLUDE THE WETLAND MITIGATION AND EXCLUDE THE AREAS PROPOSED TO BE FILLED. 16. A SIDEWALK BE PROVIDED ALONG THE PERIMETER OF THE INTERNAL ROAD, AND A SIDEWALK CONNECTING THE BUSINESS PARK TO THE ADJACENT RETAIL CENTER. 17. AN ACCESS BE PROVIDED FOR THE PROPERTY TO THE WEST, IN A LOCATION OF THE APPLICANT'S CHOICE, DEPENDING UPON DEVELOPMENT OF THE SITE. COMMISSIONER MORRIS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6.8. Request by Riverside Development for Rezoninq from R1 c (Sinale Family Residential) to R3 (Multi-Family Residential), Public Hearinq Case No. IC 98-11 Staff report by Scott Harlicker. Riverside Companies has requested to rezone certain properties from R1c (Single Family Residential) to R3 (Townhouses and Multiple Residential) district. Scott provided an overview of the existing conditions. Staff recommends approval of the request based on the findings in the report to the Planning Commission dated November 24, 1998. Chair Mesich opened the public hearing. Scott noted that a letter has been received from Donald Millslagle, owner of Industrial Hardfacing, expressing his objection to the proposed rezoning. In his letter, he states that he feels the property should be zoned light industrial, and, . . . Planning Commission Minutes November 24, 1998 Page 11 that he does not want to pay for any public improvements associated with development of property as multiple family. Jim Filipovich, 801 Line Avenue, questioned if access to the site would be from Line Avenue. Scott indicated that the access has not yet been determined. Mr. Filipovich asked if he would be assessed for improvements to Line Avenue. Peter Beck indicated that he would not likely be assessed, since he already has an access. There being no further comments from the public, Chair Mesich closed the public hearing. COMMISSIONER COTE MOVED TO RECOMMEND APPROVAL OF ORDINANCE NO. 98- _, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1C (SINGLE FAMILlY RESIDENTIAL) TO R3 (MULTIPLE FAMILY RESIDENTIAL), AS REQUESTED BY RIVERSIDE DEVELOPMENT, PUBLIC HEARING CASE NO. ZC 98-11, BASED ON THE FOLLOWING FINDING: 1. THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF MR (MEDIUM DENSITY RESIDENTIAL). 2. TIMES AND CONDITIONS HAVE CHANGED TO WARRANT THE DEVELOPMENT OF THIS PROPERTY AS R3 RESIDENTIAL. 3. THE PROPERTY IS ADJACENT TO A MINOR ARTERIAL WHICH CAN MEET THE TRANSPORTATION NEEDS OF DEVELOPMENT ALLOWED UNDER THE R3 ZONING DISTRICT. 4. THE PROPOSED R3 ZONING DISTRICT IS COMPATIBLE WITH THE ADJACENT ZONING DISTRICTS. 5. THE PROPERTY IS WITHIN THE URBAN SERVICE AREA. COMMISSIONER MORRIS SECONDED THE MOTION. THE MOTION CARRIED 5.1. Commissioner Schuster opposed. Commissioner Kuester expressed her concern that a neighborhood park is needed east of Highway 169, especially given the density of the Hillside and Deerfield additions. She stated that park needs should be addressed when future subdivisions are considered in this area. 6.9. Request by City of Elk River for Ordinance Amendment Reqardinq Open Space Subdivision Reaulations, Public Hearina Case No. OA 98-3 Steve report by Steve Wensman. The City of Elk River as requested an ordinance amendment to allow open space development (clustering) in the R 1 a and A 1 zoning districts. Steve reviewed components of the draft open space development ordinance with the Commissioners and asked for comments. Staff and the Commissioners reviewed the following issues: Planning Commission Minutes November 24, 1998 Page 12 . - Density/lot sizes - Individual/combined septic systems - Road standards - Restrictive covenants - Home owner's association - Land trust - Building setbacks/elevations/location of garages near streets The Commissioners discussed lot sizes and setbacks of the Washington County and Lake Elmo clustered developments. Commissioner Cote indicated he did not support allowing sub-standard roads. He indicated he was comfortable with 1~ acre lots. Commissioner Schuster expressed support for smaller lots because it allows more open space. Chair Mesich stated he had no problem with smaller lots if combined septic systems were possible. He indicated he would like to see options available within the proposed ordinance for a shared horse stable and riding area. Peter Beck indicated that a new overlay zoning district will likely be established with its own standards. Some of the standards may vary, depending upon the underlying zoning. . Steve asked the Commissioners if they preferred more detail in the ordinance such as some of the other communities have done. It was the consensus of the Commissioners to begin with a basic ordinance and add detail as needed in the future. Chair Mesich suggested a density bonus could be given for specific uses of the open space, such as the continuation of an existing farming operation. Discussion followed regarding how to address preservation of significant natural features within the ordinance. Scott indicated that Sherburne County has a map which identifies these features. Chair Mesich opened the public hearing. COMMISSIONER COTE MOVED TO CONTINUE THE PUBLIC HEARING FOR ORDINANCE AMENDMENT CASE NO. OA 98-3 TO THE DECEMBER 21, 1998, PLANNING COMMISISON MEETING. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER COTE MOVED TO POSPONE THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT REGARDING OPEN SPACE DEVELOPMENT, PUBLIC HEARING CASE NO. OA 98-3, TO THE DECEMBER 21, 1998, PLANNING COMMISSION MEETING. COMMISSIONER MORRIS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6.10. Request bv Douq Rinaold for Ordinance Amendment Reaardinq Commercial Recreational Use, Public Hearing Case No. OA 98-6 . Planning Commission Minutes November 24, 1998 Page 13 . Staff report by Steve Wensman. Doug Ringold has requested an ordinance amendment to allow commercial recreation as a conditional use with a retail sales as an accessory use for unplatted property in the 11 (Light Industrial) zoning district. Chair Mesich opened the public hearing. Doug Ringold, applicant, stated that there currently is no place to race remote control cars due to the closure of a track in the Twin Cities. Mr. Ringold explained his plans for the site which include office space for his roofing business, indoor remote control race car track, small hobby shop to support the track business, and indoor storage space. There being no further comments from the public, Chair Mesich closed the public hearing. Commissioner Kuester asked what other recreational uses would be allowed. Scott Harlicker indicated that bowling alleys, go-cart race tracks, and other similar uses would be allowed. COMMISSIONER COTE MOVED TO RECOMMEND APPROVAL OF ORDINANCE NO. 98-_, AN ORDINANCE AMENDING SECTION 900.10(14) OF THE CITY'S ZONING ORDINANCE REGARDING PERMITTED AND ACCESSORY USES IN THE 11 (LIGHT INDUSTRIAL) ZONING DISTRICT. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. . 6.11. Request by Doua Rinaold for Conditional Use Permit, Public Hearinq Case No. CU 98-27 Staff report by Steve Wensman. Doug Ringold has requested a conditional use permit to operate a radio control race car track and a hobby shop as an accessory use in the 1-1 zone. Steve noted that the ordinance amendment will affect only unplatted property zoned 1-1 . Chair Mesich opened the public hearing. There being no comments from the public, Chair Mesich closed the public hearing. Steve indicated that he felt the site issues could be addressed by staff. COMMISSIONER COTE MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY DOUG RINGOLD FOR A CONDITIONAL USE PERMIT TO OPERATE A READIO CONTROL RACE CAR TRACK AND HOBBY SHOP, PUBLIC HEARING CASE NO. CU 98-27, WITH THE FOLLOWING CONDITIONS: 1. THAT THE USES OF THE BUILDING AND ANY MODIFICATIONS CONFORM WITH ALL BUILDING AND FIRE CODES. 2. THAT SCREENING BE PROVIDED FROM CLEVELAND STREET AND THE ADJACENT RESIDENTIAL ZONE AS DIRECTED BY PLANNING STAFF. 3. THAT THE SITE BE LANDSCAPED AS DIRECTED BY PLANNING STAFF. . - - . Planning Commission Minutes November 24, 1998 Page 14 4. THAT THE PARKING AREAS BE RESURFACED AND STRIPED AS PER ELK RIVER ZONING ORDINANCE. 5. THAT THE EASTERN MOST ENTRANCE BE PAVED 6. THAT THE SITE BE IllUMINATED ACCORDING TO THE ELK RIVER ZONING ORDINANCE. 7. THAT NEW SIGNAGE CONFORM TO THE ELK RIVER SIGN ORDINANCE AND REQUIRED SIGN PERMIT. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 7.1. Update on 11/16/98 City Council Meetinq Commissioner Schuster provided an update on planning issues discussed at the November 16, 1998, City Council meeting. 8. Adiournment There being no further business, COMMISSIONER COTE MOVED TO ADJOURN THE MEETING. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at 10:15 p.m. R()eCIf~IIY submitted, , V~te;~ Debbie Huebner Recording Secretary