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12-22-1998 PC MIN . . . &~~~@W~~ MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, DECEMBER 22, 1998 Members Present: Chair Mesich, Commissioners Chambers, Cote, Kuester, Schuster and Thompson Members Absent: Commissioner Morris Staff Present: Scott Harlicker, Assistant Planner; ; Paul Steinman, Director of Economic Development; Debbie Huebner, Recording Secretary 1. Call Meetina To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:30 p.m. by Chair Mesich. 2. Consider 12/22/98 Plannina Commission Aaenda COMMISSIONER THOMPSON MOVED TO APPROVE THE 12/22/98, 1998 PLANNING COMMISSION AGENDA WITH THE FOLLOWING CHANGES: - ITEMS 6.8. - 6.10. - PHOENIX ENTERPRISES' REQUESTS - POSTPONED INDEFINITELY - ITEM 6.11. - OPPIDAN REQUEST - POSTPONED TO JANUARY 26, 1999, PLANNING COMMISSION MEETING COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3. Consider Consent Aaenda COMMISSIONER COTE MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. REQUEST BY CITY OF ELK RIVER FOR ORDINANCEMENT AMENDMENT REGARDING OPEN SPACE SUBDIVISION REGULATIONS, PUBLIC HEARING CASE NO. OA 98-3 - POSTPONED TO JANUARY 26, 1999, PLANNING COMMISSION MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 4. Consider 11/24/98 Plannina Commission Minutes COMMISSIONER COTE MOVED TO APPROVE THE NOVEMBER 24, 1998 MINUTES. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. . . . Planning Commission Minutes December 22, 1998 Page 2 5. Plannina Commission Representative to Attend City Council Meetina Chair Mesich will attend the January 19, 1999 City Council Meeting. 6.1. Consider Tax Increment Financina District No. 21 Paul Steinman indicated the Planning Commission is asked to consider whether plans for Tax Increment Financing District No. 21 are in conformance with the Comprehensive Plan for the city of Elk River. Paul indicated the project is for the construction of an approximately 50,000 square foot manufacturing facility on a six acre piece of property in the Elk River West Business Park. He noted that approximately 30,000 sq. ft. will be used by a company which fabricates rubber materials and will include the molding and extrusion of rubber products in the future. The remaining 20,000 sq. ft. of the building will be available for lease. Commissioner Kuester asked if the rubber business will conform to the business park standards regarding odor. Paul indicated that there will be no odor or extraordinary noise associated with the business. Commissioner Cote asked if Paul expected the property to be replatted. Paul indicated that the owner will likely apply for replatting in January 1999. Chair Mesich questioned what the T.I.F. would be used for. Paul indicated that the primary use of the funds will be for land acquisition and also for some minor site improvements. COMMISSIONER THOMPSON MOVED TO APPROVE RESOLUTION 98-5, A RESOLUTION OF THE CITY OF ELK RIVER PLANNING COMMISSION FINDING THAT THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR MUNICIPAL DEVELOPMENT DISTRICT NO.1 AND THE ADOPTION OF THE TAX INCREMENT FINANCING DISTRICT NO. 21 CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6.2. Reauest by Ann Wayman, Inc. for Conditional Use Permit for Therapeutic Massaae, Public Hearina Case No. CU 98-28 Staff report by Scott Harlicker. Ann Wayman is requesting a conditional use permit to operate a therapeutic massage business at 706 Main Street. The applicant's therapeutic massage license will be reviewed by the Council on January 19, 1999, along with the conditional use permit. Staff recommends approval of the request contingent upon approval of the therapeutic massage license. Chair Mesich opened the public hearing. There being no comments from the public, Chair Mesich closed the public hearing. COMMISSIONER THOMPSON MOVED TO RECOMMEND APPROVAL OF ANN WAYMAN'S REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A THERAPEUTIC MASSAGE BUSINESS AT 706 MAIN STREET WITH THE FOLLOWING CONDITION: Planning Commission Minutes December 22, 1998 Page 3 . 1. THE APPLICANT RECEIVE APPROVAL OF A LICENSE TO OPERATE A THERAPEUTIC MASSAGE BUSINESS FROM THE CITY COUNCIL. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6.3. Reauest by LeFebvre Companies, Inc. for Rezonina, Public Hearing Case No. IC98-12 6.4. Reauest by LeFebvre Companies, Inc. for Preliminary Plat (Leon LeFebvre Second Addition!. Public Hearing Case No. P 98-9 6.5. Reauest by LeFebvre Companies, Inc. for Amendment to PUD Conditional Use Permit. Public Hearina Case No. CU 98-29 Scott Harlicker presented a report by Stephen Wensman. LeFebvre Companies, Inc. has requested the following: 1. Rezoning to PUD (Planned Unit Development). 2. Preliminary Plat. create one industrial lot to be combined with existing. 3. Conditional Use Permit amendment for a proposed planned unit development . Scott provided an overview of the project. He noted that there are a number of items which were not addressed in the site plan. Scott indicated that staff recommended approval of the zone change and preliminary plat. He indicated that the site plan basically needs to reflect what is already on the property. Chair Mesich questioned why this plat is a PUD. Peter Beck, City Attorney, explained that the original plat was a PUD because of the fact the property was allowed to develop with no city sewer and water, even though it is in the urban service district. Chair Mesich opened the public hearing. There being no comments from the public, Chair Mesich closed the public hearing. Commissioner Cote indicated he was unsure about approving the conditional use permit without a complete site plan. Discussion followed regarding whether or not to approve the conditional use permit without the site plan. Peter Beck stated that the Planning Commission could either deny the conditional use permit. postpone, or approve with the condition that the site plan is reviewed and approved by staff prior to the city council meeting. COMMISSIONER COTE MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY LEFEBVBRE COMPANIES FOR THE FOLLOWING: REZONING OF A ROUGHLY .25 ACRE PARCEL (PRESENTLY CITY OWNED) FROM 11 (LIGHT INDUSTRIAL) TO PUD (PLANNED UNIT DEVELOPMENT), PUBLIC HEARING CASE NO. ZC 98-12, BASED ON THE FOLLOWING FINDINGS: . THE REZONING IS CONSISTENT WITH THE LI (LIGHT INDUSTRIAL) LAND USE FOUND IN THE COMPREHENSIVE PLAN. . . . . Planning Commission Minutes December 22, 1998 Page 4 . TIMES AND CONDITIONS ARE SIMILAR TO THE ADJACENT REZONING FROM 11 TO PUD, AND THE APPLICANTS BUSINESS HAS GROWN. . THE PROPOSED REZONING IS CONSISTENT WITH THE PROPOSED EXPANSION OF THE URBAN SERVICE AREA AND THE CONCEPT OF PROVIDING INDUSTRIAL LAND WITHIN THE URBAN SERVICE AREA. . THE PROPOSED ZONING DISTRICT IS COMPATIBLE WITH THE ADJACENT ZONING DISTRICTS. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER COTE MOVED TO RECOMMEND APPROVAL OF THE FOLLOWING: PRELIMINARY PLAT TO CREATE AN INDUSTRIAL LOT TO BE COMBINED TO THE ADJACENT LEON LAFABVRE ADDITION, PUBLIC HEARING CASE NO. P 98-9, WITH THE FOLLOWING CONDITIONS: . THE DEVELOPERS AGREEMENT BE AMENDED, SIGNED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. . THE PLANNED UNIT DEVELOPMENT AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED, SIGNED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. . A TEMPORARY EASEMENT FOR CONSTRUCTION OF SEWER AND WATER BE GRANTED TO THE CITY IN EXCHANGE FOR OWNERSHIP OF THE CITY PARCEL PRIOR TO RELEASING THE PLAT FOR RECORDING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER COTE MOVED TO RECOMMEND APPROVAL OF THE FOLLOWING: CONDITIONAL USE PERMIT AMENDMENT, PUBLIC HEARING CASE NO. CU 98-29, TO INCLUDE THE 7.51 ACRE SITE WITH THE FOLLOWING CONDITIONS: . THAT THE APPLICANT MUST SIGN A DOCUMENT GRANTING A TEMPORARY EASEMENT TO THE CITY IN EXCHANGE FOR OWNERSHIP OF THE CITY PARCEL., PRIOR TO RELEASING THE PLAT FOR RECORDING. . THAT A SITE PLAN AND LANDSCAPE PLAN BE SUBMITTED THAT CONFORM TO THE REQUIREMENTS OF THE ELK RIVER ZONING ORDINANCE. . THAT THE LANDSCAPE PLAN BE INSTALLED WITHIN ONE YEAR FOLLOWING THE COMPLETION OF THE EAST ELK RIVER IMPROVEMENTS. . THAT NO SECOND ACCESS BE ALLOWED ONTO 171sT AVE. NW. - t . Planning Commission Minutes December 22. 1998 Page 5 6.6. 6.7. . THAT THE NEWLY PLATTED 7.51 ACRE SITE BE LIMITED TO TRACTOR TRAILER STORAGE ONLY. . THAT STAFF'S COMMENTS BE INCLUDED INTO THE SITE PLAN AND LANDSCAPE PLAN PRIOR TO CITY COUNCIL APPROVAL. STAFF'S COMMENTS ARE AS FOLLOWS: THE SITE PLAN SHALL INCLUDE: . IDENTIFICATION OF ACTUAL EXISTING CONDITIONS AND PROPOSED INCLUDING ACTUAL AND PROPOSED TRACTOR TRAILER STORAGE AREA WITH PROPER SETBACKS. . IDENTIFICATON OF THE SURFACE MATERIAL OF THE TRACTOR TRAILER STORAGE AREA (SHOULD BE IDENTIFIED AS GRAVEL). . IDENTIFY THE LOCATION OF EXISTING AND PROPOSED CONCRETE CURB AND GUTTERS. CURB AND GUTTER SHOULD EXTEND ALONG THE TRACTOR TRAILER STORAGE AREA PARALLEL TO 1715T AVE. NW TO SEPARATE THE GRAVEL AREAS FROM LANDSCAPED AREAS. . LOCATION OF DUMPSTER AND ENCLOSURE . LOCATION OF FUEL VAULT . LOCATION OF MONUMENT SIGN . LOCATION OF UTILITIES . STRIPED PARKING WITH HANDICAP STALLS . EXISTING RETAINING WALL TO THE NORTH OF THE BUILDING . ANY PARKING LOT LIGHTING THE LANDSCAPE PLAN SHALL INCLUDE: . 32 OVERSTORY TREES WITH NOT MORE THAT 50% OF THE TREES COMPRISED OF ONE SPECIES . 16 EVERGREEN TREES . 16 ORNAMENTAL TREES WITH NOT MORE THAT 50% OF THE TREES COMPRISED OF ONE SPECIES . IDENTIFICATION OF SODDED AND SEEDED AREAS . IDENTIFICATION OF AREAS WITH UNDERGROUND IRRIGATION INCLUDING THE LANDSCAPED AREA ALONG 1715T AVENUE. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Reauest bv Associated Develooers of the Twin Cities. Inc. for Preliminary Plat (Elk River Crossinal. Public Hearina Case No. P 98-8 Reauest bv Associated Develooers of the Twin Cities. Inc. for Conditional Use Permit. Public Hearina Case No. CU 98-26 Staff report by Scott Harlicker. Scott reviewed the revised plans for the Elk River Crossing preliminary plat and conditional use permit requested by Associated Developers of the Twin Cities. Inc. Scott also reviewed the issues which still need to be addressed including the status of Crossing Avenue, median break on Tyler Street. pedestrian accesses. design guidelines, lighting, landscaping, and EA W, wetlands, drainage. grading and utilities issues. Planning Commission Minutes December 22, 1998 Page 6 . Chair Mesich opened the public hearing. Greg Frank of McCombs Frank Roos Associates, Inc., explained that he felt Crossing A venue should be a public street as it enters the development so that the immediate 4 sites can be accessed. He felt that there would be very little thru-traffic through the remainder of the site and would be destination-oriented. Chair Mesich asked Mr. Frank to explain where the sidewalks and trails would be. Mr. Frank indicated that there would be a sidewalk along 3rd Street to Tyler, along Tyler there would be a sidewalk on the west and a trail on the east. and on County Road No. 12 the trail would switch to the north side at the residential development. Commissioner Chambers questioned if renditions of the home improvement center and Wal-Mart were available. Mr. Tony Gleekel, attorney representing the developer, indicated that he is still in negotiations with the prospective retailers and that the design standards will be addressed in the PUD agreement. Mr. Gleekel felt that the developer and staff will be able to agree upon a theme by using architectural tre~tments and lighting that can tie in with the downtown. Scott noted that the developer and staff will be looking for recommendations from the Planning Commission regarding building materials, color, architectural theme, lighting, etc. . Kathy Swanberg, P.O. Box 130, Becker, MN, indicated she owns property in partnership with her father, Earl Hohlen, to the west of the proposed development. She indicated that a portion of her property has been included in the planning of this development without her knowledge. Ms. Swanberg reviewed past events which indicate a discrepancy in the number of acres included in the development. which needs to be resolved. She indicated she strongly objects to the proposed project because of ownership issues and the question of access to her property. Scott Zirott, 128 Baldwin, resident of the mobile home park, stated that 3 or 4 of the mobile home owners have not been paid off by the developer. Chair Mesich stated that the residents should attend the City Council meeting on January 19the so that the matter can be discussed. Stoffel Reitsma, 10860 County Road No. 12, questioned what the outlots were going to be that are located towards Tyler. Terry Maurer, City Engineer, explained that nothing will be done with the outlots at this time, but that they may be used in the future in combination with Mr. Reitsma's property. Mr. Reitsma indicated he did support the trail along County Road No. 12 switching from one side to the other. Terry indicated that the trail can only be placed where right of way is available and that ideally, in the future the trail will be located on both sides of County Road No. 12. . Dana Anderson, Park & Recreation Commission Chair, indicated that the Park & Recreation Commission discussed the location of the trail along County Road No. 12 and they felt the trail was better suited on the north side because of the proposed residential development and location of Hillside Park. Mr. Anderson also noted that the power line corridor located on the plat was previously Planning Commission Minutes December 22, 1998 Page 7 . designated as a snowmobile trail connection by the Park & Recreation Commission. Discussion followed regarding Crossing A venue as a public street vs. a private street. Terry Maurer indicated that access would be available to the Swanbergs with either a public or private street. Mr. Frank indicated that they are requesting the parking islands be approved as requested because of future expansion plans. He felt the 30+ consecutive stalls is a reasonable standard and compares to most cities. Mr. Frank cited the Eagan Promenade commercial development as an example of a private street through a development. It was the consensus of the Commissioners to discuss design standards at a workshop meeting. There being no further comments from the public, Chair Mesich closed the public hearing. Further discussion followed regarding the status of Crossing Avenue. The Commissioners felt the street should be either be entirely public or entirely private. Mr. Gleekel indicated the design was based on what has worked in other developments. He expressed concern that having private accesses within the sites is redundant and will cause traffic to "bottleneck" when moving in and out of the sites. . COMMISSIONER COTE MOVED TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT AND CONDITIONAL USE PERMIT FOR THE ELK RIVER CROSSING PLANNED UNIT DEVELOPMENT REQUESTED BY ASSOCIATED DEVELOPERS OF THE TWIN CITIES, INC. 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 EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. A lETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 4. 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. 5. 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. . 6. 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. . . . Planning Commission Minutes December 22, 1998 Page 8 7. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS REQUIRED BY THE CITY. 8. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 9. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING WORK ON THE SITE. 10. RESTRICTIVE COVENANTS BE PUT IN PLACE OVER THE WETLANDS, THESE SHALL BE COMPLETED AND RECORDED WITH THE PLAT. 11. A BOND COVERING THE COST OF THE WETLAND MITIGATION IS REQUIRED AND SHALL BE MADE PART OF THE DEVELOPERS AGREEMENT. 12. PAYMENT OF PARK DEDICATION FEES 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. 13. APPROPRIATE CROSS- ACCESS / CROSS PARKING EASEMENTS, INCLUDING ACCESS EASEMENTS SOUTH OF LOT 5, SHALL BE APPROVED BY THE CITY AND RECORDED WITH THE FINAL PLAT. 14. OUTLOTS A AND B SHALL BE DEEDED TO THE CITY. 15. A FINAL LANDSCAPE PLAN AND LIGHTING PLAN BE SUBMITTED AND APPROVED BY THE CITY. 16. DESIGN GUIDELINES BE SUBMITTED AND APPROVED BY THE CITY. 17. THE PEDESTRIAN ACCESS BETWEEN THE WALMART AND HOME IMPROVEMENT PARKING LOTS BE WIDENED TO 24 FEET. 18. THE SIDEWALK ALONG THE WEST SIDE OF CROSSING AVENUE BE EXTENDED TO TYLER STREET. 19. THE TWO LOTS ON CROSSING AVENUES CLOSEST TO MAIN STREET HAVE A SHARED DRIVEWAY. 20. NO ACCESS BE ALLOWED, EXCEPT FOR CROSSING AVENUE, ON TO MAIN STREET OR 1815T AVENUE (COUNTY ROAD 12). 21. THE LANDSCAPE ISLANDS IN THE WALMART PARKING LOT BE MORE CENTRALLY LOCATED AND ADDITIONAL LANDSCAPED ISLANDS SHALL BE PROVIDED TO THE NORTH AND WEST. 22. A SIGN AGREEMENT OUTLINING THE LOCATION AND SIZE OF FREESTANDING AND WALL SIGNS BE MADE PART OF THE PUD AGREEMENT. 23. A 10 FOOT PEDESTRIAN EASEMENT BE DEDICATED TO ALLOW FOR THE SIDEWALK CONNECTION BETWEEN THIS PROJECT AND THE BUSINESS PARK TO THE SOUTH. . . . Planning Commission Minutes December 22, 1998 Page 9 24. TRASH COMPACTOR/DUMPSTER ENCLOSURES THAT MATCH THE EXTERIOR BUILDING MATERIAL AND COLOR BE PROVIDED FOR EACH BUILDING AND/OR TENANT. 25. THE THRU-STREET, CROSSING STREET, SHALL BE EITHER COMPLETELY PRIVATE OR COMPLETELY PUBLIC. IF A PUBLIC STREET, THE ACCESSES SHALL BE LIMITED AS RECOMMENDED BY STAFF AND THE CITY ENGINEER. 26. THE DEVELOPER SHALL BE IN COMPLIANCE WITH THE CITY'S MOBILE HOME ORDINANCE PRIOR TO FINAL PLAT APPROVAL. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 7.1 . Action taken on Plan nino Items at the December 21, 1998 City Council Meeting Commissioner Schuster advised the Commissioners of action taken by the Council on planning issues at the December 21, 1998, City Council meeting. 8. Adiournment There being no further business, COMMISSIONER COTE MOVED TO ADJOURN THE MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION 6-0. The meeting of the Elk River Planning Commission adjourned at 9:15 p.m. Respectfully submitted, iJeJ-h' #ud~J Debbie Huebner Recording Secretary