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02-23-1999 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, FEBRUARY 23,1999 Members Present: Chair Cote, Commissioners Chambers, Mesich, Morris and Thompson. Commissioner Kuester arrived at approximately 6:40 p.m. Members Absent: Commissioner Schuster Staff Present: Scott Harlicker, Assistant Planner; Steve Wensman, Planner; 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 6:30 p.m. by Chair Cote. 2. Consider 2/23/99 Planninq Commission Aqenda COMMISSIONER THOMPSON MOVED TO APPROVE THE FEBRUARY 23, 1999, PLANNING COMMISSION AGENDA AS AMENDED: - ADD ITEM 7.3. - DISCUSS JOINT MEETING WITH CITY COUNCIL -ITEM 6.13. - REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT REGARDING OPEN SPACE SUBDIVISION REGULATIONS, PUBLIC HEARING CASE NO. OA 989-3 - MOVE TO CONSENT AGENDA COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aqenda COMMISSIONER THOMPSON MOVED APPROVAL OF THE CONSENT AGENDA AS FOLLOWS: -ITEM 3.1. - REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT REGARDING WIND GENERATORS, PUBLIC HEARING CASE NO. OA 99-1 - WITHDRAWN -ITEM 6.13. - REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT REGARDING OPEN SPACE SUBDIVISION REGULATIONS, PUBLIC HEARING CASE NO. CU 98-21 - POSTPONED TO 3/23/99 COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Consider 1/26/99 Planninq Commission Minutes COMMISSIONER THOMPSON MOVED TO APPROVE THE JANUARY 26,1999 MINUTES. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Commissioner Mesich abstained. Commissioner Kuester arrived at this time. Planning Commission Minutes February 23, 1999 Page 2 . 5. PlanninQ Commission Representative to Attend 3/15/99 City Council MeetinQ Commissioner Chambers will attend the March 15, 1999, City Council meeting in place of Commissioner Kuester. Commissioner Kuester will then attend the April 19th City Council meeting in place of Commissioner Chambers. 6.1. Request by Art Peterson for Preliminary Plat Approval (Star Lioht Estates), Public Hearino Case No. P 99-3 Staff report by Scott Harlicker. Art Peterson has requested preliminary plat of Star Light Estates, located on the north side of Meadowvale Road near the intersection of Pascal Street. Scott indicated that the request was postponed by the Planning Commission at their January 26th meeting because of issues regarding location of the future street and the affect of the plat on the St. Louis Park Gun Club. Scott reviewed the recommendations in the memo from Assistant Police Chief Jeff Beahen dated 2/5/99. Chair Cote opened the public hearing. . Harry Stevens, 387 196th Drive, representing the gun club, reviewed the history of the gun club operation and adoption of the firearms ordinance, as explained in his letter to the Planning Commission dated February 23, 1999. He suggested the City grant a waiver of the Firearms Ordinance to allow the shotgun range to remain in its present location (250 ft. from the property line of the proposed plat). He also suggested the City provide official written notification of the existence of the shotgun range to property owners in the proposed subdivision. Scott Harlicker indicated that the city attorney and assistant police chief have advised against such notification. There being no further public comment, Chair Cote closed the public hearing. COMMISSIONER THOMPSON MOVED APPROVAL OF THE REQUEST BY ART PETERSON FOR PRELIMINARY PLAT APPROVAL FOR STAR LIGHT ESTATES, PUBLIC HEARING CASE NO. P 99-3, WITH THE FOllOWING CONDITIONS: 1. COMMENTS IN THE lETTER FROM SHERBURNE COUNTY PUBLIC WORKS DEPARTMENT BE ADDRESSED. 2. All COMMENTS OF THE CITY ENGINEER BE ADDRESSED COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6.2. Request by Plaisted Companies for Amendment to Conditional Use Permit. Public Hearino Case No. CU 99-2 Staff report by Steve Wensman. Plaisted Companies has requested a conditional use permit amendment to allow a temporary storage building. As part of the conditional use permit for mineral excavation approved in 1994, a reclamation plan has been submitted with yearly reclamation required. The proposed storage building lies within the reclamation area and is in close proximity to a possible county road connection between Brook Road and County Road No. 33. Staff recommends approval of the request with the conditions listed in the staff report. . Planning Commission Minutes February 23, 1999 Page 3 . Commissioner Mesich asked if the building would be visible from Highway 169. Steve stated that it would not be visible. Commissioner Morris questioned what type of special soils would be handled at the proposed building. John Weicht, representing the applicant, explained that the soil was a mixture of peat and sand, which is used by golf courses. He explained that previously, a building owned by the applicant burned down due combustion of the peat. He noted that the air will be removed from the peat before it is stored in the building, alleviating the concern for combustion. Mr. Weicht also explained that the building will be used to store mining equipment, such as dozers and scrapers. Commissioner Kuester asked what type of machinery will be used. Mr. Weicht explained that the machinery is very simple and operates by electricity to "vacuum" pack the peat mixture into bags. Mr. Weicht noted that they will have no problem addressing the building department's concerns. Chair Cote opened the public hearing. Don Lemmon, 11369 Brook Road, asked how far the building would be from the property line. Mr. Weicht stated the building would be approximately 150' from the property line and would be 60' x 100' in size. Mr. Lemmon indicated he did not have a problem with the proposed building. . Commissioner Mesich and Chair Cote indicated they would like more information regarding the site plan. Chair Cote asked if there would be noise associated with the operation. Mr. Weicht indicated this operation would generate far less noise than the gravel mining. He noted that there are no plans for septic or floor drain. Commissioner Mesich questioned how many additional truck trips would be generated by this operation. Mr. Weich indicated that there would likely be 3 or 4 truck trips per day. Commissioner Kuester asked how close the mining would be to this building. Mr. Weicht explained that the site on which the building was located would be mined as part of their Phase 4 mining plan. Commissioner Morris asked for an explanation of the handling process. Mr. Weich explained the process, noting that site would only operate approximately 16 hours per month. There being no other public comment, Chair Cote closed the public hearing. Commissioner Kuester expressed her concern regarding exception to the architectural standards and the temporary status of the structure. Discussion followed regarding these issues. Commissioner Mesich felt a variance would be necessary for exception from the architectural standards. Commissioner Kuester felt the ordinance could be amended to address the building standards for temporary structures. Further discussion followed regarding options to address the architectural standards. . Mr. Weicht indicated he would be willing to install architectural treatments to meet the city's requirements. Planning Commission Minutes February 23, 1999 Page 4 . 6.3. 6.4. . . COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY PLAISTED COMPANIES FOR AN AMENDMENT TO A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 99-2, WITH THE FOLLOWING CONDITIONS: 1. THAT THE BUILDING CONFORM TO THE UNIFORM BUILDING CODE AND THE CONCERNS OF THE ELK RVIER BUILDING AND ZONING DEPARTMENT. 2. THAT THE BUILDING BE ACCESSIBLE BY EMERGENCY VEHICLES AND CONSTRUCTED TO SPECIFICATIONS RECOMMENDED BY THE CITY ENGINEER. ALSO, THAT ACCESS BE SHOWN ON THE SITE PLAN. 3. THAT THE BUILDING BE LIMITED TO THE HANDLING AND STORAGE OF SOILS AND VEHICLE STORAGE. 4. THAT THE BUILDING CONFORM TO THE ELK RIVER ARCHITECTURAL STANDARDS. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 6-0. Request bv Morrell Companies for Zone Chanqe, Public Hearinq Case No. ZC 99-1 Request bv Morrell Companies for Conditional Use Permit. Public Hearing Case No. CU 99-3 Staff report by Scott Harlicker. Morrell Companies has requested a rezoning to Antenna Overlay and conditional use permit to allow construction of a 174ft. tall antenna tower at 10752 17151 Avenue NW. Staff recommends approval of the requests based on the findings and conditions in the staff report. Chair Cote opened the public hearing. There being no comments from the public, Chair Cote closed the public hearing. Commissioner Mesich questioned why a lattice tower is proposed to be allowed. Richard Mayor, the contractor representing Morrell Companies, explained the design of the lattice tower, noting that it would be much smaller (12" wide) and less visible than a monopole and able to withstand up to 90 mph winds. He added that the tower will be made of a galvanized metal which will blend well with the surroundings. COMMISSIONER THOMPSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY MORRELL COMPANIES FOR REZONING CERTAIN PROPERTY TO AT (ANTENNA OVERLAY), PUBLIC HEARING CASE NO. ZC 99-1, NOTING THAT THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING, AND BASED ON THE FOLLOWING FINDINGS: 1. THE REZONING IS COMPATIBLE WITH THE SURROUNDING LAND USES AND WOULD NOT ADVERSELY AFFECT THE PROPERTY UNDER CONSIDERATION FOR REZONING. Planning Commission Minutes February 23, 1999 Page 5 . 2. THE PROPOSED REZONING IS NECESSARY IN ORDER TO PROVIDE EFFECTIVE TELECOMMUNICATION AND DISPATCH COVERAGE FOR MORRELL COMPANIES. 3. THE REZONING IS IN ACCORDANCE WITH THE COMPREHENSIVE PLAN FOR THE CITY. 4. THE APPLICANT SHALL SUPPLY ALL NECESSARY CONSTRUCTION AND DESIGN INFORMATION AS OUTLINED IN THE ORDINANCE. 5. THE APPLICANT SHALL RECEIVE ALL NECESSARY BUILDING PERMITS. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY MORRELL COMPANIES FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 99-3, WITH THE FOLLOWING CONDITIONS: 1. THE TOWER BE DESIGNED TO ACCOMMODATE ONE (1) ADDITIONAL USER. 2. THE TOWER SHALL BE A COLOR THAT BELNDS IN WITH THE SURROUNDING ENVIRONMENT. . 3. NO SIGNS, LIGHTING OR ADVERTISING ARE ALLOWED ON THE TOWER. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6.5. Request by Meadowvale Builders, Inc. for Zone Chanqe, Public Hearinq Case No. ZC 99-2 6.6. Request by Meadowvale Builders, Inc. for Preliminary Plat (Meadowvale Townhomes), Public Hearinq Case No. P 99-5 6.7. Request by Meadowvale Builders, Inc. for Conditional Use Permit. Public Hearinq Case No. CU 99-4 Staff report by Scott Harlicker. Scott reviewed issues associated with the project including wetlands, tree removal, landscaping, traffic flow, and development of future phases. Scott stated that staff was not given adequate time to review the plans and the applicant was advised that staff's recommendation is to postpone these items to the March 23, 1999, Planning Commission meeting. He noted that the applicant asked that the item be reviewed in order to provide comments. Commissioner Kuester felt there should be some additional off street parking. She also expressed concern for the narrower, private streets and felt there should be some green space created for the residents' use. . Commissioner Morris expressed his concern for the access onto Meadowvale Road. . . . Planning Commission Minutes February 23, 1999 Page 6 6.8. 6.9. Commissioner Cote expressed support for the suggested berming, landscaping and off street parking. He expressed concern regarding the loss of trees. Chair Cote opened the public hearing. Jay Hill of John Oliver and Associates, representing the developer, indicated he has met with the County Highway Department and this plan was the layout preferred by them. Mr. Hill explained that the majority of the trees on the site are older, mature trees at the end of their life and felt replacing them would create a better end product than trying to save the trees. He noted that the owner of the property has been taking down 8 to 10 trees per year due to damage. Scott noted that an 8 foot privacy fence would be constructed and that the town homes will be required to meet FHA standards for noise. Mr. Hill requested that the Planning Commission approve the request at this time. Commissioner Morris asked if the trees to be saved would be fenced. Mr. Hill indicated that they would be taking all precautionary means to protect the trees to be saved. Jane Thompson Reine, 19161 Meadowvale Road, stated that she currently resides on the site being considered for this town home project. She expressed concern that not all of the trees that have been marked for removal are old trees. She felt the expansion area was mostly wetlands and inhabited by wildlife. She asked that the Commissioners preserve the wetlands. Mr. Hill indicated that not all of the trees marked with an "X" will be taken down and the marking is used for location purposes. He felt there was significant high land area for the expansion. Terry Maurer reviewed the drainage proposed for the plat and Scott indicated the location of the sedimentation ponds. Commissioner Mesich also felt there was a need to provide some off street parking. Scott indicated where the road "loop" would be created when the second phase of the project was complete. COMMISSIONER THOMPSON MOVED TO CONTINUE THE PUBLIC HEARING FOR THE REQUESTS BY MEADOWVALE BUILDERS, INC. FOR REZONING, PRELIMINARY PLAT AND CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO.'S ZC 99-2, P 99-5 AND CU 99-4, TO THE MARCH 23,1999, PLANNING COMMISSION MEETING. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 6-0. Request by Phoenix Enterprises for Preliminary Plat Approval (Northbound Crossinq), Public Hearinq Case No. P 99-6 Request by Phoenix Enterprises for Conditional Use Permit (Northbound Crossinq), Public Hearinq Case No. CU 99-5 Staff report by Steve Wensman. Phoenix Enterprises has requested preliminary and final plat of approximately 6.62 acres into 2 commercial lots, and a conditional use permit to construct 26,415 sq. ft. of commercial development consisting of Goodwill Industries Planning Commission Minutes February 23, 1999 Page 7 . and Sherwin Williams Paints. Steve explained that staff has requested two corrections in the easements shown on the plat. He reviewed access, parking, signage, lighting, landscaping and fencing of the pond. The Park and Recreation Commission has recommended a fee in lieu of land to satisfy the park dedication requirements. Staff recommends approval of the requests with the conditions outlined in the staff report. Chair Cote opened the public hearing. There being no comments from the public, Chair Cote closed the public hearing. Commissioner Mesich questioned where the dumpsters would be located. Rick Foster, applicant, indicated that Goodwill will have a compactor located inside the building. Commissioner Mesich questioned if there would be adequate lighting and also, what will keep people from dropping off unwanted items, especially after hours. Mr. Foster indicated that the site will be well-lit and the drop-off area will have locked doors. Commissioner Mesich questioned if the drive aisle will be wide enough with a future expansion. Mr. Foster indicated the aisle will be 40' wide. Scott noted that any future expansion will be reviewed through the site plan review process. Commissioner Mesich questioned if any screening was proposed for the adjacent residential area. Steve Wensman indicated that overstory trees are proposed for the rear of the building, noting that the subject site will be visible to the future Hillside 8th Addition residential area. Chair Cote indicated he would support some additional screening for the back of the building. Mr. Foster indicated that there will be a 7' to 8' board-on-board fence placed on the berm at the back property line. . COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY PHOENIX ENTERPRISES FOR PRELIMINARY AND FINAL PLAT (NORTHBOUND CROSSING), PUBLIC HEARING CASE NO. P 99-5, WITH THE FOLLOWING CONDITIONS: 1. APPROPRIATE EASEMENTS BE INCLUDED ON THE PLAT TO COVER ANY EXISTING OR PROPOSED UTILITIES AS DIRECTED BY THE CITY ENGINEER. 2. PARK DEDICATION BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT AND PRIOR TO THE RELEASING THE PLAT FOR RECORDING. 3. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT AND PRIOR TO THE RELEASING THE PLAT FOR RECORDING. 4. A WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK RIVER MUNICIPAL UTILITIES AT THE TIME OF FINAL PLAT AND PRIOR TO THE RELEASING THE PLAT FOR RECORDING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. . COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY PHOENIX ENTERPRISES FOR A CONDITIONAL USE PERMIT TO . . . Planning Commission Minutes February 23, 1999 Page 8 CONSTRUCT A 26,415 SQUARE FOOT COMMERCIAL BUILDING (NORTHBOUND CROSSING), PUBLIC HEARING CASE NO. CU 99-5, WITH THE FOLLOWING CONDITIONS: 1. THAT THE LANDSCAPING CONFORM TO THE ELK RIVER CITY ORDINANCE 2. THAT IRRIGATION BE PROVIDED IN LANDSCAPED AREAS INCLUDING THE PARKING ISLANDS AS REQUIRED BY THE ELK RIVER CITY ORDINANCE 3. THAT THE SITE BE ILLUMINATED ACCORDING TO THE ELK RIVER CITY ORDINANCE AND THE HILLSIDE CROSSING PUD AGREEMENT. 4. THAT SIGNS CONFORM TO THE HILLSIDE CROSSING PUD AGREEMENT AND THE ELK RIVER SIGN ORDINANCE. ALL SIGN PLANS MUST BE SUBMITTED FOR SIGN PERMITS. 5. THAT THE MONUMENT SIGN BE LOCATED OUTSIDE DRAINAGE AND UTILITY EASEMENTS. 6. THAT A CROSS PARKING EASEMENT BE PLACED BETWEEN THE TWO LOTS. 7. THAT CONSTRUCTION PLANS BE SUBMITTED FOR REVIEW BY THE CITY ENGINEER. 8. THAT THREE ADDITIONAL FIRE HYDRANTS BE LOCATED ON SITE AS DIRECTED BY THE CITY ENGINEER. 9. THAT THERE BE NO OUTSIDE STORAGE OF DONATED ITEMS. 10. THAT ANY OUTSIDE STORAGE OF GARBAGE BE CONTAINED IN A TRASH ENCLOSURE WITH A GATE TO MATCH THE PRINCIPAL STRUCUTURE AND LOCATED AS DIRECTED BY CITY STAFF. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6.10. Request bv Phoenix Enterprises for Rezoninq (Hillside 9th), Public Hearinq Case No. ZC 98-7 6.11. Request bv Phoenix Enterprises for Preliminary Plat (Hillside 9th), Public Hearinq Case No. P 98-5 6.12. Request bv Phoenix Enterprises for Conditional Use Permit. Public Hearinq Case No. CU 98-21 Staff report by Scott Harlicker. Scott reviewed issues associated with the plat regarding wetlands, streets, lot sizes and lot frontage, park dedication and trails, grading, drainage and utilities. Scott noted that staff will work with the developer regarding appropriate landscaping for the median on 193rd and eyebrow cui de sacs. Staff recommends approval of the requests by Phoenix Enterprises based on the findings and conditions listed in the staff report. Planning Commission Minutes February 23, 1999 Page 9 . City Engineer Terry Maurer stated that the applicant has requested staff to approve an overall grading plan for the plat and allow grading for individual lots to be approved as the lots are sold. Terry recommended that at least minimal grading of the lots be completed, establishing a building pad with street elevation for each lot. Commissioner Mesich asked Terry if he had any concerns regarding the odd-shaped lots in the plat. Terry indicated that the lot sizes exceed the typical minimum lot sizes in the area and he felt the depth of some of the odd-shaped lots provided additional buffering. Chair Cote opened the public hearing. Dave Crocker, 19422 Auburn Street, stated that he did not receive notification of the public hearing. He expressed his concern regarding the increased traffic and speeding of vehicles on Auburn Street. Terry Maurer stated that a meeting has been scheduled with the residents on Auburn for March 25th. Chris Haugen, 19366 Auburn Street, stated that he also did not receive notice of the pUblic hearing. He expressed concern that he was told a sidewalk would be constructed along 193rd from Baldwin to Auburn Circle and was never built. He also expressed concerns regarding a drainage pond which was never completed and traffic on Auburn Street. He felt the outstanding issues with Hillside Estates 3rd and 4th Addition should be cleared up before the developer is allowed to start further development. . Les Miner, 19410 Auburn Street, stated his concerns regarding traffic on Auburn, narrow width of the street, the pond and the sidewalk. He questioned why the developer was being allowed to use the vacant property located at the top of the hill as a dumping ground. Dan Collins, 11185193rd Avenue NW, indicated he did not receive notice of the public hearing. He expressed concern for the tree loss which will occur because of this development. He felt the eyebrow cul-de-sacs should be removed in order to save additional trees. He also questioned why it was necessary to design 193rd as a wider street, which would mean even more trees would be cut down. Gary Wieber, 19438 Auburn Street, reviewed his concerns regarding traffic flow and safety issues on Auburn Street. Discussion followed regarding the number of residents present who stated they were not notified of the public hearing. Staff will verify the property owners' list certified by the County which was used to notify the residents. Terry responded to the residents' concerns as follows: He indicated that Auburn Street was designed to carry the volume of traffic, but not at the speed at which people are driving. Terry explained the pond referred to by the residents was not required to be a wet pond in the approval of the previous plat. Terry also explained that a requirement for the sidewalk referred to by the residents was inadvertently missed on approval of that particular phase of Hillside Estates and the city will continue to work with the developer to have the sidewalk installed. Terry indicated that the developer does have the right to fill the vacant lot with acceptable materials. He concluded his response by stating that 193rd Avenue has been designed as a wider street because it will likely be a heavily used road. . Gary Wieber, 19438 Auburn Street, expressed his concern that the natural beauty of the Hillside 9th site will be destroyed. . . . Planning Commission Minutes February 23, 1999 Page 10 Dave Crocker reiterated his concerns regarding traffic on Auburn Street and also, tree preservation. COMMISSIONER MESICH MOVED TO CONTINUE THE PUBLIC HEARING FOR THE REQUESTS BY PHOENIX ENTERPRISES INCLUDING REZONING, PRELIMINARY PLAT AND CONDITIONAL USE PERMIT FOR HILLSIDE ESTATES 9TH ADDITION TO THE MARCH 23, 1999, PLANNING COMMISSION MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 7.1. CBD Visioninq Update Steve Wensman provided an update on the Central Business District visioning process. 7.2. Update on 2/16/99 City Council Meetinq Commissioner Thompson updated the Commissioners on action taken by the City Council regarding planning issues at the February 16,1999, City Council meeting. 7.3. Discuss Joint Meetinq Date with City Council Tentative dates for a joint meeting with the City Council were discussed. Scott will advise the Commissioners of the date when finalized. 8. Adiournment There being no further business, COMMISSIONER THOMPSON MOVED TO ADJOURN THE MEETING. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at 9:45 p.m. Respectfully submitted, [)da~ ~~ Debbie Huebner Recording Secretary