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09-28-1999 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, SEPTEMBER 28,1999 Members Present: Chair Cote, Commissioners Chambers, Kuester, Thompson and Schuster Members Absent: Commissioner Mesich Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior 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 7:50 p.m. by Chair Cote. 2. Consider 9/28/99 Plannina Commission Aaenda COMMISSIONER THOMPSON MOVED TO APPROVE THE SEPTEMBER 28, 1999, PLANNING COMMISSION AGENDA WITH THE FOLLOWING ADDITION: ADD ITEM 5.4.A. - APPROVAL OF DESIGN STANDARDS COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Plannina Commission Minutes COMMISSIONER THOMPSON MOVED TO APPROVE THE AUGUST 24, 1999, MINUTES. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Planninq Commission Representative to Attend October 18, 1999, City Council Meetina Commissioner Schuster is unable to attend the October 18, 1999, City Council meeting. Commissioner Thompson is tentatively scheduled to take Commissioner Schuster's place. 5.1. Reauest by City of Elk River for Ordinance Amendment to Allow Liauor Stores Sellinq Packaqed Goods as a Conditional Use in the C-3, Hiahway Commercial Zonina District Public Hearinq Case No. OA 99-15 Staff report by Michele McPherson. The City of Elk River requests that the C3 (Highway Commercial) District be amended to allow off-sale liquor stores as a conditional use. Planning Commission Minutes September 28, 1999 Page 2 . Allina Heath Care is interested in acquiring the city-owned lot to combine with two adjoining lots in order to construct a medical clinic. The City Council would like to ensure that if the property is rezoned to C3 Highway Commercial and then is not sold to Allina, the city will have the option to construct a liquor store on the site. Chair Cote opened the public hearing. Carol Mills, representative of Guardian Angels, felt the ordinance amendment was premature. There being no further comments from the public, Chair Cote closed the public hearing. Commissioner Kuester stated she felt the use should already have been permitted in the C3 zoning. Commissioner Thompson stated that she felt the use required a conditional use permit, so that controls can be set. COMMISSIONER THOMPSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT TO ALLOW OFF-SALE LIQUOR STORES AS A CONDITIONAL USE IN THE C3, HIGHWAY COMMERCIAL DISTRICT, PUBLIC HEARING CASE NO. OA 99-15. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Determine Compliance of City-owned Property with Comprehensive Plan . Staff report by Michele McPherson. The Planning Commission is requested to review the possible sale of city-owned property (Lot 2, Block 1, Fox Haven Commercial) for compliance with the Comprehensive Plan. The property is currently zoned C4, Neighborhood Commercial, with an underlying land use of CC, Community Commercial. If the rezoning is approved, the land use designation will also need to be changed to HB, Highway Business. Chair Cote stated that he felt the land use should have been considered before the rezoning. Peter Beck, City Attorney, explained that either can be considered first. Commissioner Kuester asked if a medical clinic was permitted in the C4 zoning. Ms. McPherson indicated that medical clinics are not listed as either a permitted or conditional use. Commissioner Kuester felt that the use should be included in C4 and she would support an ordinance amendment to that effect. The Commissioners concurred with Commissioner Kuester. COMMISSIONER KUESTER MOVED TO DETERMINE THAT THE SALE OF LOT 2, BLOCK 1, FOX HAVEN COMMERCIAL, IS NOT CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-1. Chair Cote opposed. 5.3. Reauest by Timco for Rezoninq (Fox Haven Commercial) from C4 to C3, Public Hearinq Case No. IC 99-8 . Planning Commission Minutes September 28, 1999 Page 3 . staff report by Michele McPherson. Tom McKee, representing Allina, requests that 4.5 acres be rezoned from C4, Neighborhood Commercial to C3, Highway Commercial to allow construction of a medical clinic. Ms. McPherson reminded the Commission that if the zone change is approved, a land use change will also be necessary. Ms. McPherson explained the purpose of the C3 zoning, noting that many other parcels along Highway 169 and Highway 10 are zoned C3. She stated that a medical clinic would be consistent with the types of uses found in these areas. Ms. McPherson stated that traffic generated by the clinic would be similar to C3 uses. Staff recommended approval of the rezoning based on the two findings listed in the staff report. Chair Cote opened the public hearing. Linda Olson, neighborhood resident, stated that she supported the location of a clinic on the site, not a liquor store. Eleanor Todahl, resident at Guardian Angels, expressed her support for the rezoning in order to allow Allina to build a health care clinic on the site, since Allina utilizes Mercy Hospital in Coon Rapids. She explained that it is very difficult to get appointments at Mork Clinic which also uses Mercy, and the Fairview Clinic is associated with Fairview Northland Clinic in Princeton. Mark Davis, representing Timco, explained that Allina was very interested in Elk River and tried to locate on Highway 169 but was not successful. . There being no comments from the public, Chair Cote closed the public hearing. Chair Cote stated that he felt it would be more appropriate to add medical clinics as a conditional use in the C4, rather than rezone the property to C3 an open the door to the possibility of less desirable permitted C3 uses on that particular site. Commissioner Kuester felt the C4 zoning was much more compatible with the surrounding properties. Commissioner Chambers asked why the rezoning to C3 zoning was proposed. Ms. McPherson indicated that the C3 zoning was consistent with other properties with highway frontage such as Highway 169 and East Highway 10. Tom Hartman, owner of the two adjoining lots, asked that the Planning Commission recommend approval of the zone change, unless there was some way to quickly process an ordinance amendment to allow clinics in the C4 zone. Mark Davis stated that Timco proceeded with the zone change upon the city's recommendation. He explained that Allina will not be willing to wait for an ordinance amendment to be processed since they are already behind schedule, and Allina will probably just go away. . COMMISSIONER THOMPSON MOVED TO RECOMMEND DENIAL OF THE ZONE CHANGE REQUEST BY TIM CO, PUBLIC HEARING CASE NO. ZC 99-8, BASED ON THE FOLLOWING FINDINGS: Planning Commission Minutes September 28, 1999 Page 4 . 1. THAT THE REZONING IS NOT CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN AND ZONING ORDINANCE; 2. THAT THE REZONING MAY CREATE ADVERSE IMPACTS TO ADJACENT USES; AND, FURTHER RECOMMENDED THAT THE CITY COUNCIL REQUEST A TEXT AMENDMENT TO INCLUDE MEDICAL CLINICS AS A CONDITIONAL USE IN THE C4, NEIGHBORHOOD COMMERCIAL ZONING DISTRICT. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5A.A. Development Standards Scott Harlicker stated that the development standards which have been proposed for Elk River Crossing would apply to all buildings within the development. COMMISSIONER KUESTER MOVED TO RECOMMEND THAT THE CITY COUNCIL INCLUDE THE PROPOSED DEVELOPMENT STANDARDS FOR ELK RIVER CROSSING IN THE PUD AGREEMENT, NOTING THAT THE PLANNING COMMISSION WILL RELY ON THESE STANDARDS IN THEIR REVIEW OF CONDITIONAL USE PERMITS FOR THIS PROJECT. CHAIR COTE SECONDED THE MOTION. THE MOTION CARRIED 5-0. . Reauest by Wal-Mart Stores, Inc. for Conditional Use Permit, Public Hearina Case No. CU 99-32 5A.B. Commissioner Chambers expressed dissatisfaction with the building elevations submitted for the project. He stated that it appears the design standards for Elk River Crossing which the Planning Commission has been working on for the past four months have been ignored. Staff report by Scott Harlicker. Wal-Mart Stores, Inc. has requested a conditional use permit for a 143,000 square foot retail store with a garden center and automotive repair, to be located in the southeast corner of Highway 169 and Main Street (Lot 2, Block 2, Elk River Crossing). Wal-Mart's plans also include 17,500 feet of outdoor storage and display area. Mr. Harlicker noted that final plat for Elk River Crossing will be considered at the October 18th City Council meeting, along with this conditional use permit request. Mr. Harlicker discussed issues associated with the site plan including parking, access, outdoor storage and display, landscaping, and signage, as outlined in the staff report dated September 28, 1999. Mr. Harlicker reviewed the elevations proposed for the Wal-Mart store and related changes proposed by staff. He noted that Wal-Mart has indicated they are willing to incorporate some of the recommendations. Mr. Harlicker reviewed the conditions proposed by staff, if the Planning Commission wished to approve the conditional use permit at this time. Chair Cote opened the public hearing. . Planning Commission Minutes September 28, 1999 Page 5 . Greg Frank of McCombs, Frank Roos, engineer for the project, responded to staff's recommendations as follows: . Condition # 1 - No issue with this condition. . Condition #2 - No issue. . Condition #3 - All issues can be addressed. . Condition #4 - a. Building will be light tan with dark tan accents b. No brick - North, east and west side of building will be split faced block. c. No "knee high" wall proposed, columns of split faced painted block, Black aluminum fence down to ground. d. 4 inch off-sets proposed; also cornices and parapet. e. Split faced block on rear and front of building only. f. Some modification to the canopy recommendation is proposed. . Condition #5 - Applicant states experience has shown a higher potential for accidents when plantings are placed in the front of buildings. Some plantings could be provided in wider area in front. . Condition #6 - Dumpster and trash compactor will be enclosed as noted by staff. . Condition #'s 7 and 8 - A full sign package will be submitted for approval. . Condition # 9 - No issue. . Condition # 10- Wal-Mart would like this condition removed. . Condition #'s 11 and 12 - Concur with staff's recommendation. . Mr. Frank stated that Wal-Mart is willing to change the color scheme to tan earth tones, even though the gray colors are preferred in the South where Wal-Mart originated. He explained that the black aluminum fence for the garden center will look like wrought iron. Chair Cote asked if the signs "We Sell for Less" and "Satisfaction Guaranteed" will be left off the building. Mr. Frank stated that Wal-Mart did not discuss this issue. Commissioner Chambers was concerned that the painted block would have a shorter life expectancy. Mr. Frank indicated that integrally colored blocks would be acceptable. Commissioner Chambers felt that a 4" recess in the building face would not be noticeable any farther than 25' - 30' from the building. Commissioner Chambers asked how large the outdoor storage area would be. Ms. McPherson stated that they would be allowed five percent of the square footage of the store, which would be approximately 7,000 square feet. Mr. Frank noted that the garden center will be wrapped around to break up the front of the building length. . Chair Cote asked if the developer had any input on the design standards. Mr. Frank stated that Mr. Gleekel has seen the standards but is not aware of Wal- Mart's response. He added that Mr. Gleekel would have been present if he had known the design standards were to be an agenda item. Commissioner Chambers stated that the developer was made aware how important the development standards are. Commissioner Chambers stated he is concerned that Wal-Mart will not follow through in incorporating the design standards in their plans and would like to see the changes before making a recommendation to Planning Commission Minutes September 28, 1999 Page 6 . the City Council. Mr. Frank stated that he has been authorized by Wal-Mart to make the changes which he reviewed with the Commission. Commissioner Kuester asked if it would be possible to continue the request to the Planning Commission workshop on October 12th. Ms. McPherson stated that it would be possible to continue the item to the 12th and still move it on to the Council on October 18th. Mr. Bernie Hess, 1602 Thomas Street, Minneapolis, representing the Livable Wage Task Force, stated that for every two jobs Wal-Mart creates, three are lost. He felt the city should study further the impact Wal-Mart will have. Mr. Hess cautioned that the city should utilize businesses which turn over dollars locallh. He urged the city to delay action on Wal-Mart's request until a job loss study and tax base survey are completed. Jennifer Swanson, stated that she was representing retail grocery interests. She asked if the grocery store expansion is still proposed by Wal-Mart. Mr. Frank stated that he did not know the future of an expansion for Wal-Mart but he did not believe it would be for grocery retail. Ms. Swanson expressed her concern that Wal-Mart pays substandard wages, while other grocery retailers pay livable wages. . John Christian, representing Ron's Foods, asked if a traffic survey has been done for the Main Street/Highway 169 area. Terry Maurer, City Engineer, stated that a traffic study was done for the entire project area. Mr. Christian asked if consideration has been given to the impact the development will have on schools and law enforcement. He asked if there are any plans to close the Main Street entrance to Ron's Foods. Terry Maurer stated that the long-range plan is to close the entrance. Mr. Christian stated that if the entrance is closed, Mr. Dargis will be forced to close Ron's Foods. He stated he did not feel it was fair to put a store out of business that has been in the community for 20 years. Kathy Swanberg, Becker, MN, expressed her dissatisfaction with Wal-Mart stores, stating that she did not feel they took care of their property. She felt their garden centers became eye sores and should be fenced and hidden by arborvitae plantings. Robert Hall, resident on County Road No. 21, expressed his objection to the condition proposed that would not allow overnight parking of RV's in the Wal- Mart parking lot. He stated that many RV travelers take advantage of these types of lots when they need to pull over and sleep for a while. The Commissioners discussed whether to take action at this time or continue the item. Ms. McPherson noted that closing on the property with Wal-Mart is scheduled for October 28th and that the "60 day" time line for the city to act on an application must be considered. Darcy Winter, representing the applicant, indicated that their concern is that the item go to the October 18th City Council meeting, and that the time line could be extended at that point. . There being no comments from the public, Chair Cote closed the public hearing. Planning Commission Minutes September 28, 1999 Page 7 . COMMISSIONER THOMPSON MOVED TO CONTINUE THE REQUEST BY WAL-MART STORES, INC., PUBLIC HEARING CASE NO. CU 99-32, TO THE OCTOBER 12, 1999, PLANNING COMMISSION SPECIAL MEETING. IF A QUORUM OF THE COMMISSIONERS IS NOT PRESENT AT THE OCTOBER 12TH MEETING, THE REQUEST WILL BE FORWARDED TO THE OCTOBER 18,1999, CITY COUNCIL MEETING WITH A RECOMMENDATION FOR DENIAL. THE PLANNING COMMISSION REQUESTS THAT IF THE DESIGN OF THE BUILDING IS CHANGED SIGNIFICANTLY, THAT THE COUNCIL REFER THE REQUEST BACK TO THE PLANNING COMMISSION FOR FURTHER REVIEW AT THEIR OCTOBER 26, 1999, PLANNING COMMISSION METING. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.5. Reauest bv City of Elk River for Ordinance Amendment to Allow Clustered Subdivisions in the R1 a and A 1 Zonina Districts, Public Hearina Case No. OA 98-3 Staff report by Scott Harlicker. The City of Elk River Requests that the Planning Commission review the proposed ordinance amendment to create an Open Space Preservation Development Ordinance. Mr. Harlicker reviewed changes which have been made in the ordinance since Planning Commission review in March, 1999. Staff recommended approval of the ordinance with the changes as presented in the staff report dated September 28, 1999. Mr. Harlicker noted that the Commission may wish to further discuss the following issues: . 1. Open Space development as a permitted use 2. Park dedication 3. Density calculation based on the underlying zoning The Commissioners and staff discussed individual versus clustered septic systems. They also discussed ownership of open space by homeowners' associations. Commissioner Kuester asked who would have the liability if the parks and trails were open to the public, but are owned by the homeowner's association. Ms. McPherson stated that the homeowner's association would carry liability insurance. Commissioner Kuester expressed her concern that a homeowners' association may be too restrictive in allowing the public to use trails. Peter Beck, City Attorney, stated that in that case, the city would not approve an agreement for use of the trails and the developer would not receive the density bonus. Commissioner Kuester stated that she felt all trails to be used by the public should be either dedicated or covered by an easement. Chair Cote opened the public hearing. Norman Lemon, 11216 Brook Road, expressed his concern that a plat was approved at the previous Planning Commission meeting which allowed the developer to subdivide the property into 1 acre lots with septic systems. He stated that he felt 2-1/2 acres is necessary for locating a septic system so that if it fails, an alternate site is available. . Dave Anderson, Park and Recreation Commissioner, commended the Planning Commission for their work on the open space ordinance. He supported having Planning Commission Minutes September 28, 1999 Page 8 . options for ownership of open space such as homeowner's associations, conservation easements, and city park land. He cautioned that the city needs to be careful when recommending conservation easements because of the strict requirements. Commissioner Dave Anderson stated that he felt the city will likely see some creative and well-done developments under the open space subdivision ordinance. Robert Hall, resident on County Road 21, stated his opinion that homeowners associations do not work and that for every 1 that works, there are 10 that fail. Richard Gruys, 22347 Monroe Street, stated that he owns 240 acres. He expressed his opposition to the 10 acre minimum lot size. Mr. Gruys stated that he is fearful of what the city may decide to do next. Mr. Gruys stated that he was told by the City of Elk River that he could not sell his property without notifying them because they were interested in the property for a wildlife preserve-type park. He stated that his attorney advised to obtain a letter from the City stating their intent and contacted Pat Klaers, City Administrator. To date, he has not received such a letter. Don Lemon, 11369 Brook Road, stated he opposed the 10 acre minimum lot size and favored a 2-1/2 acre minimum. He did not feel it was fair to the property owners who planned to subdivide their property for their retirement income. . Marly Glines, 1018 Main Street, described his cluster development in Baldwin Township, which is the first in Sherburne County, also one in Cass County on Leech Lake. He explained the advantages of the community sewage treatment. Mr. Glines also reviewed the cluster development he will be presenting to the Planning Commission in October. He noted that 60% of the property will be set aside as open space as city park land and community gardens. Kermit Bode, 10175 Brook Road, asked what is the standard park land dedication. Ms. McPherson stated that the standard park dedication is ten percent of the land or fees equal to the market value of ten percent of the land. Scott Harlicker explained that the Park and Recreation Commission makes a recommendation for either land or cash, based on the needs identified in the Master Park Plan. There being no further comments from the public, Chair Cote closed the public hearing. Commissioner Kuester suggested some type of park dedication fees be required for clustered developments according to base density. Commissioner Schuster stated he supported the community septic systems. He expressed his concern that excessive amounts of property would be under the control of the Minnesota Land Trust through conservation easements. Commissioner Thompson stated she supported conservation easements and community septic system in clustered subdivisions. . Commissioner Kuester stated that she felt homeowners' associations can work very well, and sometimes it will be appropriate for homeowners' associations to manage the open space. . . . Planning Commission Minutes September 28, 1999 Page 9 COMMISSIONER COTE MOVED TO RECOMMEND APPROVAL OF THE OPEN SPACE PRESERVATION DEVELOPMENT ORDINANCE AS PRESENTED BY STAFF, PUBLIC HEARING CASE NO. OA 98-3. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Uodate on 9120/00 City Council Meetina Commissioner Thompson provided an update on planning issues reviewed at the September 20, 1999, City Council meeting. 6.2. Letter from Doran Cote A letter of resignation from Doran Cote was acknowledged. Members of the Commission expressed their regrets in his leaving and thanked him for his service. 6.3. National AP A Conference Ms. McPherson noted that the National Planning Conference will be held in New York City, April, 2000. Funds have been allocated in the 2000 budget for two Commissioners to attend the conference. 7. Adiournment There being no further business, COMMISSIONER THOMPSON MOVED TO ADJOURN THE MEETING. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River Planning Commission adjourned at 11 :20 p.m. Respectfully submitted, Debbie Huebner flow ~ Recording Secretary