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01-26-1999 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, JANUARY 26, 1999 Members Present: Chair Cote. Commissioners Chambers. Morris and Thompson. Commissioner Kuester arrived at 6:50 p.m. Members Absent: Commissioners Mesich and Schuster Staff Present: Scott Harlicker. Assistant Planner; Debbie Huebner. Recording Secretary 1. Call Meetino To Order Pursuant to due call and notice thereof. the meeting of the Elk River Planning Commission was called to order at 6:35 p.m. by Chair Cote. 2. Consider 1/26/99 Plannino Commission Aoenda COMMISSIONER THOMPSON MOVED TO APPROVE THE JANUARY 26, 1999, PLANNING COMMISSION AGENDA WITH THE FOLLOWING ADDITION: - ITEM 7.2. - COMMISSIONER THOMPSON ITEM REGARDING AMOCO STATION LIGHTING COMMISSIONER MORRIS SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider Consent Aoenda COMMISSIONER THOMPSON MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: - REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT REGARDING OPEN SPACE SUBDIVISION REGULATIONS, PUBLIC HEARING CASE NO. OA 98-3 - POSTPONED TO 2/23/99) COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIERO 4-0. 4.a. Consider 12/22/98 Plan nino Commission Minutes COMMISSIONER THOMPSON MOVED TO APPROVE THE DECEMBER 22. 1998, MINUTES. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.b. Consider 01 /08/1999 Special Annual Meetino Minutes COMMISSIONER THOMPSON MOVED TO APPROVE THE JANUARY 8. 1999 MINUTES. COMMISSIONER CHAMBERES SECONDED THE MOTION. THE MOTION CARRIED 4-0. ! . . . Planning Commission Minutes January 26. 1999 Page 2 5. Plan nino Commission Representative to Attend 2/16/99 City Council Meetina Commissioner Thompson will attend the February 16. 1999 City Council meeting. Commissioner Kuester arrived at this time (6:50 p.m.) 6.1. Reauest by Gordon Mire Jr. for Conditional Use Permit for Parkina of Semi Truck - Public Hearina Case No. CU 99-1 Staff report presented by Scott Harlicker. Gordon Mire Jr. has requested a conditional use permit to park and store a semi-tractor and trailer on his property at 17753 Fillmore Street. Scott noted that the City Council recently adopted an ordinance regulating parking and storage of large commercial vehicles in residential areas. The new ordinance requires a conditional use permit to park and store semi-tractors and trailers on property with less than 5 acres in the R1 a (Single Family Residential) zoning district. Scott indicated that staff will work with the applicant regarding the condition in staff's recommendations for screening with 6 foot evergreens and shrubs. He noted that he received one phone from a nearby resident regarding outside storage of debris and staff will work with the applicant on this issue, also. He noted that the applicant is proposing to build a pole building which will hopefully alleviate this situation. Scott indicated that staff recommends approval of the request with the conditions outlined in the staff report. Chair Cote opened the public hearing. Gordon Mire, 17753 Fillmore street. applicant, indicated that he would only park semi trailers on his property occasionally, noting that last month he only had to park a trailer 4 times. Mr. Mire stated that the items currently being stored outside would be parked inside upon completion of his pole building. Also, he explained that he routinely collects miscellaneous metal which is stored up against his shed and is removed each spring through the city's annual clean up day. In regards to staff's recommendation for screening with evergreens, Mr. Mire stated that he has planted trees several times in the proposed location and has been unable to get the them to grow. Also, he felt that 6 foot evergreens or a 6 foot fence would not screen the truck, which is about 13 feet high. Sheryl Koval, 17704 Cleveland Street, stated she has no complaints and has had no problems with Mr. Mire parking his semi in the neighborhood. There being no further public comment, Chair Cote closed the public hearing. Discussion followed regarding staff's recommendation for planting of trees as a means of screening. Chair Cote indicated he did not feel the screening was necessary, since the trees would only be screening the truck from the county road. COMMISSIONER THOMPSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY GORDON MIRE JR. FOR A CONDITIONAL USE PERMIT TO PARK A SEMI-TRACTOR . . . Planning Commission Minutes January 26, 1999 Page 3 AND TRAILER ON A RESIDENTIAL (R1A) PROPERTY WITH THE FOLLOWING CONDITIONS: 1. THAT THE OUTSIDE TRASH AND DEBRIS BE REMOVED FROM THE SITE BY MAY 1 ST, 1999. 2. THAT BOTH THE SEMI-TRACTOR AND TRAILOR BE PARKED ON DUST-FREE, ALL- WEATHER SURFACE WITH PROPER SURFACE DRAINAGE, AS REQUIRED BY THE CITY ENGINEER. 3. THAT THE NEW DRIVEWAY BE A MAXIMUM WIDTH OF 30 FEET MEASURED AT THE STREET RIGHT-OF-WAY. 4. THAT THE DISTANCE BETWEEN DRIVEWAYS BE A MINIMUM OF 20 FEET. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.2. Reauest by Oooidan for Amendment to PUD Sian Aareement. Public Hearina Case No. P A 98-1 Staff report presented by Scott Harlicker. Oppidan has requested an amendment to the Planned Unit Development sign agreement for Elk Park Center to allow three wall signs for Leeann Chin restaurant at the intersection of 191 sl Avenue and Freeport Street (former Wendy's Restaurant site). A Hollywood Video will occupy the east portion of the new building and Leeann Chin will occupy the west portion. Scott reviewed the reason for the request. He provided photographs of the site taken from different locations. Staff recommends denial of the request for the PUD amendment to have additional sign, stating that the sign will not enhance visibility of the site. Chair Cote opened the public hearing. Leah Greenwood, representing Leann Chin, stated that they are comfortable with the logo signage that has been approved on the north and south elevation and they are not requesting the additional sign. She indicated Leann Chin is requesting approval of the full window vinyl and awning characters and stenciling. Ms. Greenwood noted that other businesses within the PUD have neon signage within their window in addition to their wall signage. She indicated she will be submitting a revised request which will include lettering on the canopy for the restaurant. There being no further comments from the public. Chair Cote closed the public hearing. The representative from Leann Chin indicated a letter will be forthcoming from Oppidan, withdrawing their request. COMMISSIONER THOMPSON MOVED TO TABLE THE REQUEST BY OPPIDAN FOR AN AMENDMENT TO THE PUD SIGN AGREEMENT FOR ELK PARK CENTER TO ALLOW THREE (3) WALL SIGNS FOR THE LEEANN CHIN RESTAURANT TO THE FEBRUARY 23, 1999, PLANNING COMMISSION MEETING. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 4-0. . . . Planning Commission Minutes January 26. 1999 Page 4 6.3. Reauest by Tony Emmerich of Country Ridae Inc. for Preliminary Plat Approval for Preliminary Plat approval of Country Crossina Business Center Third Addition staff report presented by Scott Harlicker. Country Ridge, Inc. has requested preliminary plat approval to subdivide Outlot A of Country Crossing Business Center Second Addition into two lots, Lot 1 (6 acres) and Lot 2 (7.97 acres). Scott reviewed issues regarding buffering, access. drainage and utilities. Staff recommends approval of the preliminary plat with the conditions outlined in the staff report. Terry Maurer indicated that the site will be served by utilities off of Business Center Drive. He noted that utilities were stubbed in assuming there would be one user. Since there will now be two lots. it will now be necessary to obtain easements to serve each of lots. He recommended adding a condition that development of the lots follow the approved overall drainage plan for Country Crossing Business Center. Chair Cote suggested an additional condition that the easements be provided for the public utilities on both lots. Terry indicated that when a development proposal is reviewed for either of the lots. looping of the watermain will be discussed at that time. Chair Cote opened the public hearing. Tammy White oak, 18331 Naples Street, stated she would like to see two rows of pine trees planted as a buffer from the development. in addition to the berming. She explained that the recommendation for berming along 183rd does nothing to buffer her property. Chair Cote noted that this issue can be taken into consideration when a development proposal for the site is reviewed. Ann Olson, 18363 Naples Street, requested that trees or a fence be installed to separate the residential from the business park. Dick Nelson, 18276 Kent Street, questioned what type of uses are permitted on the site. Scott indicated that a copy of the uses that are allowed in a business park will be mailed to him. There being no further comments from the public, Chair Cote closed the public hearing. Commissioner Kuester suggested condition NO.1 of staff's recommendations be modified to include the adjacent Naples Street residences. COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY COUNTRY RIDGE, INC. FOR PRELIMINARY PLAT APPROVAL (COUNTRY CROSSING BUSINESS CENTER THIRD ADDITION), PUBLIC HEARING CASE NO. P 99-2 WITH THE FOLLOWING CONDITIONS: 1. THAT A BUFFER STRIP CONSISTING OF EARTH BERMING AND PLANTING BE INSTALLED ALONG 183RD AVENUE AND OTHER ADJACENT RESIDENTIAL PROPERTY, AT THE TIME THE PARCELS ARE DEVELOPED. . . . Planning Commission Minutes January 26, 1999 Page 5 2. THAT VEHICULAR ACCESS BE LIMITED TO BUSINESS CENTER DRIVE 3. THAT THE DEVELOPMENT OF LOTS FOLLOW THE APPROVED DRAINAGE PLAN FOR COUNTRY CROSSING BUSINESS CENTER. 4. EASEMENTS FOR PUBLIC UTILITIES SHALL BE PROVIDED AT THE TIME OF FINAL PLAT. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Reauest by Art Peterson for Preliminary Plat Aooroval (Star Liaht Estates!. Public Hearina Case No. P 99-3 Staff report by Scott Harlicker. Art Peterson has requested preliminary plat approval to plat 16.29 acres into one 2.5 acre residential lot with an existing house. and a 13.35 acre outlot. The proposed outlot is currently farmed and will continue to be farmed. The outlot is proposed to be subdivided into possibly five 2.5 acre lots in the future and will be accessed by a 60 foot wide strip that extends out to Meadowvale Road. Staff suggests shifting the 60 foot access to the east side of lot 1 to create more distance from the intersection of Meadowvale Road and Pascal Street. Staff also recommends the access to the existing home be onto the proposed roadway. rather than creating a new access onto the county road. Scott noted that no comments have been received from the county. Staff recommends approval of the preliminary plat with the conditions outlined in the staff report. Terry Maurer indicated he has no concerns at this time with grading or drainage and that those issues will be addressed at the time the outlot is platted. Scott stated that the St. Louis Park Sportsmans Club owns the property to the north. The City's ordinance prohibits the discharge of weapons within 500 feet of any building or the boundary of any platted area. He explained that an interpretation must be made regarding whether or not Outlot A is considered platted at this time. or. when it is platted into buildable lots. He noted that a representative of the St. Louis Park Sportsmans Club was in the audience to address some of their concerns. Commissioner Kuester questioned if another access to the plat was possible. Scott indicated that the only option would be if the Gun Club at some point decided to sell some of their property to the east for development. Chair Cote opened the public hearing. Art Peterson, applicant, stated that the city originally recommended the location of the 60 foot road access and it was also approved by the county. He explained that the location was recommended because it was approximately in the center of Outlot A. He explained that the roadway is already built up and is being used as an access by both Lot 1 and Tract A. He questioned how Tract A would access County Road No. 1 if the roadway was moved to the east side of Lot 1. Planning Commission Minutes January 26, 1999 Page 6 . Terry Maurer indicated that if the county has already approved the driveway, the city would consent to the location. Harry Stevens, representing the st. Louis Park Sportsmans Club, distributed a letter regarding their concerns the new plat may have on the shotgun range at the gun club. Mr. stevens referenced Section 404.12.2(b) and Section 404.12.(c) of the City of Elk River's ordinance which prohibits the discharge of dangerous weapons within five hundred feet of any building or the boundary of any platted area. He explained that the range is located 250 feet from the property line of the proposed Outlot A, and homes could potentially be as close as 300 feet from the shotgun range. Mr. Stevens indicated he is unclear as to whether or not Outlot A is considered "platted" at this time, or, when it is subdivided into buildable lots. He suggested that a means be established to notify potential homeowners of the location of the shotgun range. Chair Cote questioned who would decide this issue. Scott Harlicker indicated that the City Council would ultimately make the decision. Chair Cote further questioned if it would be possible to implement some type of notification which is tied to the property for future property owners. Scott explained that the city attorney previously advised against such a procedure on a different issue, because of the possibility the city may have some liability. . Commissioner Kuester questioned whether or not Outlot A will be considered platted. Scott indicated an interpretation from the police department is needed to make a determination on the intent of the ordinance. Mr. Stevens explained that all the other ranges within the gun club are well within the minimum five hundred feet. Commissioner Chambers asked what direction the range faces. Mr. Stevens stated the gun range faces northward. Commissioner Thompson felt it was not appropriate to add a condition regarding a waiver or official notification without an opinion from the city attorney. Chair Cote suggested the following recommendation to the City Council: - Consider a waiver of Section 404.12. (b) - That staff determine appropriate measures to adequately notify future property owners of the St. Louis Park Sportsmans Club, in order to address the Elk River Firearms Ordinance Section 404.12.3 (c) There being no further comments from the public, Chair Cote closed the public hearing. COMMISSIONER THOMpSON MOVED THAT THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY ART PETERSON FOR PRELIM NARY PLAT APPROVAL OF STAR LIGHT ESTATES, PUBLIC HEARING CASE NO. P 99-3, WITH THE FOLLOWING CONDITIONS: 1. AT THE TIME THE STREET TO SERVICE OUTLOT A IS CONSTRUCTED, THE CURRENT COMBINED ACCESS TO LOT 1 AND TRACT A FROM COUNTY ROAD 32 BE ELIMINATED AND ACCESS BE PROVIDED FROM THE NEW CITY STREET. . 2. ALL COMMENTS OF THE CITY ENGINEER AND THE COUNTY ENGINEER BE . . . Planning Commission Minutes January 26, 1999 Page 7 ADDRESSED IN THE FINAL PLAT; AND, FURTHER, THE PLANNING COMMISSION RECOMMENDS THAT THE COUNCIL DIRECT STAFF TO DETERMINE AN APPROPRIATE MEANS TO ADDRESS SECTION 404.12.2.B. AND 404.12.3.C. REGARDING THE ST. LOUIS SPORTSMANS CLUB. Commissioner Chambers questioned if the shared driveway for Tract A could be moved to the east. Terry Mauer stated he would not recommend contradicting the county's transportation plan which currently designates the roadway to the west. Terry suggested that a condition be added to incorporate comments in the final plat when they are received from the county engineer. THE MOTION DIED FOR LACK OF A SECOND. Commissioner Kuester questioned if there was some urgency to have this plat approved. Mr. Peterson indicated that his daughter must sell the house and in order for her to sell, he needs to split the property. Scott clarified the proposed condition no. 2 for Commissioner Chambers. Commissioner Kuester indicated she did not understand the need for condition no. 2. Commissioner Chambers expressed his concern for the limited distance of the access to the plat from the intersection of Meadowvale and Pascal. Commissioner Morris felt the issue of the firearms ordinance needs to be addressed. COMMISSIONER KUESTER MOVED TO POSTPONE ACTION ON THE REQUEST BY ART PETERSON FOR PRELIMINARY PLAT APPROVAL FOR STAR LIGHT ESTATES TO THE FEBRUARY 23, 1999, PLANNING COMMISSION MEETING, IN ORDER TO OBTAIN COMMENTS FROM THE COUNTY ENGINEER REGARDING THE ROAD ACCESS, AND, INFORMATION REGARDING THE IMPACT OF THE CITY'S FIREARMS ORDINANCE ON THE PROPOSED PLAT. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-1. Chair Cote opposed. 6.5. Reauest by Phoenix Enterprises for Rezonina (Hillside 9th), Public Hearinq Case No. ZC 98-5 6.6. Request by Phoenix Enterprises for Preliminary Plat Approval (Hillside 9th), Public Hearinq Case No. P 98-5 6.7. Request by Phoenix Enterprises for Conditional Use Permit (Hillside 9th), Public Hearina Case No. CU 98-21 Staff report presented by Scott Harlicker. Phoenix Enterprises has requested a rezoning to PUD (Planned Unit Development), a preliminary plat of 43 acres for 61 single family lots, and a conditional use permit for a planned unit development for Hillside Estates 9th Addition. Scott reviewed existing conditions, issues related to wetlands, streets, park dedication and trails, landscaping and tree protection, grading, drainage and Planning Commission Minutes January 26, 1999 Page 8 . utility plans. Scott indicated that the plans will need to be revised but that the applicant has requested the public hearing to receive public comment. Staff recommends that the requests be continued until the February 23rd Planning Commission meeting. Terry Maurer reviewed issues related to grading and utilities. He indicated that the developer has requested he be allowed to grade the building sites as the lots are sold. Terry indicated that he is requesting the developer to show the grading plan for the entire site. Terry also explained the issue of the using the street right of way for a temporary pond. He felt this may cause a problem with surrounding homeowners when the roadway is constructed.. Terry suggested that a sign be placed indicating the future street location. Also, he indicated that the utility plan does not show looping and easements which will be necessary for routing utilities which are outside of the street right of way. Terry noted the pond located at the north end will be designed with no outlet. Chair Cote questioned how the individual grading of the lots will be accomplished. Terry Maurer explained that there will be an overall grading plan and a development plan which will establish the elevations for each lot. If a builder wants to change the approved elevation, he will have to request a modification to the plan. . Commissioner Kuester asked what is planned for the power line easement. Scott indicated a trail is planned to extend to 193rd and then go east. He noted that the trail will be installed as part of the development. Commissioner Kuester asked what is the status of outlots E and C. Terry indicated Outlot C will be a pond and Outlot E is the remainder of the power line corridor. Terry felt that Outlot E would not be of any use other than an extension of the trail corridor. Chair Cote opened the public hearing. Dave Crocker, 19422 Auburn Street, expressed his concern for the traffic on Auburn Street. He felt the speeding vehicles were creating a dangerous situation for residents and especially, the children. He noted that speed bumps were considered by the Council previously, but the residents felt this would only cause drivers to accelerate between the speed bump areas. Mr. Crocker felt the outlot area should be used to create a cul-de-sac to divide the northern and southern portions of Auburn Street. . Terry Maurer indicated the developer did not have a problem with the proposal to cul-de-sac Auburn Street. but he does not wish to absorb the cost. Terry noted that a public meeting with the residents will be scheduled within the next month or so, depending upon progress of this development proposal. Gary Wieber, 19438 Auburn Street, questioned why he did not receive notice of the Hillside 9th public hearing. Terry Maurer indicated that Mr. Wieber was likely on the list of property owners for Hillside 8th Addition and not for Hillside 9th. He noted that an additional notice will be mailed since this issue will be postponed until the February Planning Commission meeting. Mr. Wieber expressed his concern with the traffic on Auburn. Terry indicated that he was not sure when the cul-de-sac would be built and the developer will be required to submit a phasing plan. . . . Planning Commission Minutes January 26, 1999 Page 9 Chair Cote excused himself from his position as Chair of the Planning Commission at this time. Doran Cote, 19407 Auburn Street, concurred with the two residents regarding the traffic concerns on Auburn Street and indicated his is looking to the City and the developer for resolution of this issue. Chair Cote returned to his position as Chair at this time. Chair Cote noted that the public hearing on this issue will be continued to the February 23, 1999, Planning Commission meeting. Terry Maurer asked for comments from the Commission regarding the Hillside 9th Addition proposal. Chair Cote indicated he supported the median islands, but he also realized that there is a maintenance issue. He asked if the medians and "eye brow" cui de sacs will be landscaped. Terry indicated the median island would be landscaped but the eye brow cui de sacs would have to have some very low maintenance shrubbery, at best. Commissioner Kuester asked if there would be a sidewalk on the south side of 193rd. Terry indicated that there is nothing to connect with. Commissioner Kuester indicated she had a concern how residents would get to the sidewalk from the south side. Commissioner Kuester asked for clarification on the cui de sacs discussed for Auburn. Terry Maurer explained how the two cui sacs would be constructed back to back, and still allow an option for an emergency vehicle to cut through. Terry also explained that the outlot from one of the former Hillside Additions would become Lot 1 of Hillside 9th Addition. Terry Maurer questioned whether or not the Planning Commission would support the temporary pond in the street right of way. Chair Cote indicated he felt it will be an issue to put in the street, after it has once been a pond. Commissioner Kuester felt the ponding area should be located where lots are proposed, rather than where a street is proposed. She also was concerned the trail would be impact Lot 33. Chair Cote suggested incorporating Outlot C and E into the park some way. The developer indicated that the Park and Recreation Commission has only asked for the 50 foot trail. Commissioner Kuester questioned how the wetland will affect Lots 17 and 18. Terry indicated it would depend upon what type of wetland it was and whether or not it could be filled. Discussion followed regarding the double and triple frontage lots. COMMISSIONER THOMPSON MOVED TO CONTINUE THE PUBLIC HEARING FOR THE REQUESTS BY PHOENIX ENTERPRISES FOR REZONING, PRELIMINARY PLAT AND CONDITIONAL USE PERMIT TO THE FEBRUARY 23, 1999, PLANNING COMMISSION Planning Commission Minutes January 26. 1999 Page 10 . MEETING. COMMISSIONER MORRIS SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.1. Uodate on January 19, 1999. City Council Meetina Scott Harlicker updated the Commissioners on action taken on planning items at the January 19. 1999. City Council meeting. 7.2. Commissioner Thommon Item - Amoco Station Liahtina Commissioner Thompson questioned whether or not the lighting below the canopy at the new Amoco on Highway 169 and 1971h Avenue was approved as part of the conditional use permit. Commissioner Thompson felt the lighting was very obtrusive and was surprised the resident to the north has not complained since the lighting shines directly onto their property. Scott Harlicker indicated he would inspect the site and determine whether or not the lighting is conforming. 8. Adiournment There being no further business. COMMISSIONER KUESTER MOVED TO ADJOURN THE MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. . The meeting of the Elk River Planning Commission adjourned at 8:45 p.m. Respectfully submitted, iJ~ ~~Ze;U Debbie Huebner Recording Secretary .