Loading...
09-26-2000 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, SEPTEMBER 26, 2000 Members Present: Vice Chair Chambers, Commissioners Baker, Kuester, Pederson and Schuster Members Absent: Chair Mesich Staff Present: Michele McPherson, Director of Planning; Terry Maurer, City Engineer; Scott Harlicker, Senior Planner; Stephen Wensman, Planner; Debbie Huebner, Recording Secretary 1. Call Meetin9 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 Chambers. 2. Consider 9/26/00 Planninq Commission Aqenda COMMISSIONER KUESTER MOVED TO APPROVE THE SEPTEMBER 26, 2000 PLANNING COMMISSION AGENDA WITH THE FOLLOWING CHANGE: ITEM 5.10. - REQUEST BY DAVID DECKER FOR CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE, PUBLIC HEARING - CASE NO. CU 00-33 - POSTPONED TO NOVEMBER 28, 2000, PLANNING COMMISSION MEETING. COMMISSIONER PETERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 8/23/00 Planninq Commission Minutes COMMISSIONER BAKER MOVED TO APPROVE THE AUGUST 23, 2000, MINUTES WITH THE FOLLOWING CORRECTION: ITEM 5.6., PAGE 11 - MOTION SHOULD REFLECT VOTE OF 4-1. COMMISSIONER PEDERSON OPPOSED. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Planninq Commission Representative to Attend October 16, 2000 City Council Meetinq Chair Mesich will attend the October 16, 2000, City Council meeting. Planning Commission Minutes September 26. 2000 Page 2 . 5.1. Consider NCDA Commuter Rail Station Desion and Location Scott Harlicker, Senior Planner, explained that the Planning Commission is being asked to review the Northstar Corridor Development Authority's (NCDA) Advanced Corridor Plan and make a recommendation to the City Council. Mr. Dave Loch, representing the Northstar Corridor Development Authority (NCDA), reviewed the Elk River station design and location. He explained that the NCDA began in a study in 1997 to look for future solutions to ever increasing traffic concerns. Counties in the NCDA included Hennepin, Anoka, Benton and Sherburne, counties which are located along Highway 10 and 47, also along the Burlington Northern Railroad line. The membership of the authority also includes the cities, townships, railroad and transmit commissions in this corridor. Mr. Loch explained that after the study was completed, the NCDA looked at station designs. He reviewed the design of the Elk River station platforms, shelters, parking and bus system. An artist's rendition of the proposed shelters was provided. Mr. Loch explained that when fully operational, there will be 18 trains running per day. He noted that two will depart from Elk River each day; one at 5:45 a.m. and one at 6:15 a.m. Two trains will also depart from St. Cloud at these times and stop in Elk River, giving two additional later departures from Elk River. . The budget for the project is projected to be $231 million; 50% from the Federal government, 40% from the State, and 10% from local funds (counties)30 - 50% of the operational costs will be recovered from fares and the rest will come from other sources;. Preliminary engineering is being completed at this time, and next year they will complete the final design and begin construction. Mr. Loch stated that construction will be a lengthy process and estimates opening will not be until late 2004. Mr. Loch explained that MN/DOT will eventually be the owner/operator of the entire facility and will own the rolling stock. Burlington Northern will operate the trains. Mr. Loch reviewed the feeder bus system plans. He anticipates that a Sherburne County Regional Transit Commission or "River Rider" will operate the bus system in Elk River, and a similar situation in Benton County. A river crossing is planned somewhere between Ramsey and Dayton. Future plans include tying bike paths and trails into the system. Mr. Loch explained that the facility will be located off from the signalized intersection at 171 sl and Highway 10. He stated that the station design is conceptual at this point and would be subject to change. However, the NCDA will work closely with the cities on any changes. The trains will operate with 3 cab cars initially and they anticipate there will be 9,300 boardings per day. In 2002-2003, the multi-modal facility will be constructed in Elk River which includes a park and ride and bus system. . Commissioner Chambers asked how the Authority determined the Elk River station location. Mr. Loch explained that they wanted to locate the station in the Planning Commission Minutes September 26, 2000 Page 3 . downtown area but there wasn't enough room for the park and ride facility and also, they felt it would be difficult to get the traffic from Highway 169 to the train station in the downtown location. In addition, there were safety concerns with the downtown, and they were looking for bare land which would not require moving residences or businesses. Chair Chambers opened the public hearing. There being no comments from the public, Chair Chambers closed the public hearing. Commissioner Kuester felt it would be appropriate to include in the resolution items the Commission had concerns about, such as ensuring that the design of the station and maintenance facility would be consistent with what was presented to the City, and that City ordinances will be followed. Commissioner Kuester asked if the stations in other cities would be the same design. Mr. Loch stated that all the stations will be similar, but that the cities may enhance the design with their own funds. For example, the City of Sf. Cloud plans to restore and move their original depot structure to the new station location. Another city will be adding a clock tower to their building. . Commissioner Chambers asked if MN/DOT will be running the facility when it is completed. Mr. Loch stated yes and explained how MN/Dot became partners with the NCDA. He explained that they have a Memorandum of Understanding which provides for the purchase of the rolling stock by MN/DOT. Commissioner Chambers stated he had concerns regarding MN/DOT following through on the upgrading of the bus facility to the plan as presented. Mr. Loch stated that he did not feel there would be an issue with upgrading the station; if it was not clean, safe, and on time, people would not come. Commissioner Pederson described the station he visited in Dallas, Texas. He stated that the stations were all outdoors, because of the climate, and were very nice. He noted that there were 2,000 riders on 10 miles of track. The property values surrounding the station actually increased, rather that decreasing as feared. Commissioner Pederson stated that he felt confident that the station would pleasing, and in order to be successful it would have to be neat, clean and attractive. Commissioner Schuster asked who would have the ultimate approval on the design and if it could be changed. Mr. Loch stated that there could be changes but that they will be working with staff and the Commission would have an opportunity to comment. Commissioner Schuster asked what would happen if the City changed its mind and decided not to participate. Mr. Loch stated that the Authority is now being faced with that issue and they do not know at this time what will happen. Commissioner Chambers stated that he was uncomfortable with the fact the design could be changed without coming back to the Commission for approval. . Ms. McPherson explained that Planning Commission has the option to include conditions in the approval. She noted that even though MN/DOT will be building the parking lot for the bus station, the NCDA will be responsible for construction of the building and platforms. Planning Commission Minutes September 26, 2000 Page 4 . Commissioner Baker stated he would like to ensure that the Planning Commission would have an opportunity to review any revised plans. Commissioner Kuester asked how other cities are dealing with adding amenities to the station. Mr. Loch stated that a provision is included in the conditions of approval. The Commissioners discussed language for such a condition. Commissioner Schuster stated that he hopes the citizens of Elk River realize that what they are approving is the design and location of the station and that this is their opportunity for input. COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE NORTHSTAR CORRIDOR DEVELOPMENT AUTHORITY'S (NCDA) ADVANCED CORRIDOR PLAN WITH THE FOLLOWING CONDITION: 1. THE CITY OF ELK RIVER HAVE AN OPPORTUNITY TO WORK WITH THE NCDA AND MN/DOT ON ENHANCING THE DEPOT SITE. COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Scott Harlicker asked Mr. Loch if the Planning Commission's comments on the landscaping were required at this time. Mr. Loch stated that they are not ready to receive those comments at this time. 5.2. Reauest by Metro Wind LLC for a Conditional Use Permit to Construct & Ooerate Commercial Wind Turbine and Related Facilities, Public Hearina - Case No. CU 00-35 . Staff report by Steve Rohlf. Metro Wind, a Minnesota based company, is proposing to construct a wind turbine with a maximum capacity of 660 kW. Mr. Rohlf explained that wind turbines are a conditional use in the A-1 / Agricultural zone. The turbine is expected to provide power for 75-100 homes. Mr. Jaunich, representing Metro Wind, stated that Elk River was chosen as the site for a wind turbine because of its reputation for providing renewal energy sources, and Elk River is also is community with growing energy demands. Mr. Jaunich explained that the turbine is the harvesting mechanism to provide electricity and is about the size of a mid-size sedan. The tubular tower will be 175 feet tall, with the maximum height at 237 feet when one of the three blades is pointing upward. Mr. Jaunich stated that no noticeable noise will be heard from the generator unless a person was within 300 feet of the turbine. Commissioner Baker asked type of noise would be heard. Mr. Jaunich stated that the only audible sound would be a "whirring" type of sound coming from the blades. Commissioner Baker asked if birds would be a problem. Mr. Jaunich stated that birds tend to fly over and around the wind turbine. He noted that their have been no reports of birds killed on any of Metro Wind's sites. . Steve Rohlf explained that another reason Elk River was chosen as a site is to demonstrate that wind power can make economic sense even in Elk River, which is at the low end of the commercial wind resource. Mr. Rohlf reviewed the location of the turbine site, noting that there are only 4 homes in the areas. He . . . Planning Commission Minutes September 26. 2000 Page 5 received calls from two residents in the area and both stated they had no objections to the wind generator. Mr. Jaunich explained that the turbine is slow-spinning and will be regulated to turn at 26 rpms and no faster. no matter how strong the winds may be. Commissioner Kuester asked if they have considered allowing a cellular provider to locate on the tower. Mr. Jaunich explained that the close proximity of the blades to the tower does not allow this type of use, however, they are considering having a warning siren located on pole. Commissioner Baker asked who would own and operate the turbine. Mr. Jaunich stated that Metro Wind will be the owner and operator. He noted that they will provide power through Elk River Municipal Utilities, and ultimately, to NSP. Commissioner Schuster asked what the cost of the turbine will be. Mr. Jaunich stated that the cost will be approximately $750,000. Steve Rohlf noted that the site is open and has no ponds. He added that the Municipal Utilities will be offering green power, such as wind power to their customers soon. Chair Chambers opened the public hearing. There being no comments from the public, Chair Chambers closed the public hearing. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY METRO WIND LLC AS PRESENTED, TO CONSTRUCT A WIND TURBINE AND ASSOCIATED FACILITIES, CASE NO. CU 00-35, CITING THAT THERE WAS NO PUBLIC OPPOSITION. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED -0. 5.3. Reauest by Sian Art Co. for a Conditional Use Permit to Amend the Elk Park Center Planned Unit Development IPUDI Aoreement to allow a 2nd Wall Siqn, Public Hearing - Case No. CU 00-34 Staff report by Steve Wensman. Sign Art Company is requesting a conditional use permit in order to amend the Elk Park Center Planned Unit Development (PUD) Agreement to allow a second wall sign for Caribou Coffee. Mr. Wensman explained that the sign is being requested to provide visibility on the east side of the building. He noted that Salina Salon also requested a second sign on the east wall, but Salina Salon did not have any lease space on that side of the building and staff could not support an amendment to allow them one. Staff recommends approval of this request. Commissioner Baker asked if the sign would be illuminated. Kevin Snyder, representing Sign Art, indicated that the sign would consist of white neon channel letters, and the green and brown Caribou Coffee logo. Chair Chambers opened the public hearing. There being no comments from the public, Chair Chambers closed the public hearing. Planning Commission Minutes September 26, 2000 Page 6 . COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY SIGN ART COMPANY FOR A CONDITIONAL USE PERMIT TO ALLOW A SECOND WALL SIGN, CASE NO. CU 00-34. COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Reauest bv Elk River Muffler & Brake for Preliminary Plat Approval (Houles Addition!. Public Hearing - Case No. P 00-16 Staff report by Steve Wensman. Elk River Muffler and Brake is requesting preliminary plat approval of Houles First Addition, to plat one 2.03-acre located in the 11 zoning district on 17151 Avenue at Ulysses Street. Mr. Wensman reviewed issues associated with the request including: existing conditions, right of way, drainage, park dedication and utilities. Staff recommends approval of the request and deletion of #5 in the conditions listed in the staff report. Chair Chambers opened the public hearing. There being no comments from the public, Chair Chambers closed the public hearing. COMMISSIONER KUESTER MOVED APPROVAL OF THE REQUEST BY ELK RIVER MUFFLER & BRAKE FOR PRELIMINARY PLAT FOR HOULES ADDITION, CASE NO. P 00-16, WITH THE FOLLOWING CONDITIONS: 1. THAT THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PRELIMINARY PLAT. . 2. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 3. PARK DEDICATION FEE AND TRAIL 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. 4. THAT FIVE-FOOT DRAINAGE AND UTILITY EASEMENTS BE GRANTED TO THE CITY AROUND THE PERIMETER OF THE PROPERTY. 5. THAT THERE BE ACCESS CONTROL ALONG THE 1715T FRONTAGE WITH ALL ACCESS FROM ULYSSES STREET. COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.5. Reauest bv Elk River Muffler & Brake for Conditional Use Permit to allow Auto Repair Shop in the 1-1 Zoning District. Public Hearina - Case No. CU 00-36 Staff report by Steve Wensman. Elk River Muffler and Brake is requesting a conditional use permit in order to construct an auto repair shOp in the 11 zoning district. The subject property is located on 17151 Street NW at the Ulysses alignment. . . . . Planning Commission Minutes September 26. 2000 Page 7 Commissioner Kuester asked if Ulysses Street will be extended in the future. Terry Maurer. City Engineer. indicated that Ulysses Street will eventually be extended to 165th Avenue. Steve Wensman noted that the applicant has petitioned for city sewer and water. The Commissioners discussed whether outdoor storage needs to be addressed for this conditional use permit. Ms. McPherson stated that a conditional use permit would be required for outdoor storage. Chair Chambers opened the public hearing. Mr. John Weicht. representing the applicant. stated that the exterior of the building would be rock face block with a single score accent band around the building and would be painted a light color. Commissioner Chambers asked why they are not proposing integrally colored block. Mr. Weicht explained that it would be very expensive and difficult to match colors if they expanded the facility in the future. Mr. Weicht stated that what they are proposing is typically accepted in the 1-1 zoning district. Commissioner Chambers asked what is required by ordinance. Ms. McPherson stated that the exterior proposed by the applicant is acceptable according the City's ordinance. Commissioner Chambers asked if there is business park property to the south of this site. Ms. McPherson stated that the City Council is considering expanding the Business Park in this area. but that it will be a number of years before any development occurs. Commissioner Pederson stated that the Planning Commission must abide by the existing ordinance requirements. There being no further comments from the public. Chair Chambers closed the public hearing. Commissioner Baker expressed his concern for that building standards for this site be compatible with the adjacent Business Park development in the future. COMMISSIONER PEDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY ELK RIVER MUFFLER AND BRAKE FOR A CONDITIONAL USE PERMIT, CASE NO. CU 00-36, WITH THE FOLLOWING CONDITIONS: 1. THAT THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PRELIMINARY PLAT. 2. THAT ADDITIONAL GOVERNMENTAL PERMITS BE OBTAINED, IF REQUIRED, FOR CONSTRUCTION IN THE DELINEATED WETLAND. 3. THAT WRITTEN PERMISSION BE OBTAINED FROM NORTHERN NATURAL GAS FOR THE SITE DEVELOPMENT IN THE GAS LINE EASEMENT. 4. THAT ALL PARKING STALLS BE A MINIMUM OF 9 FT X 18 FT (FACE OF CURB TO FACE OF CURB) WITH A MINIMUM DRIVE LANE OF 24 FT. . . . Planning Commission Minutes September 26, 2000 Page 8 5. PARKING SHAll BE ON PAVED SURFACES ONLY. 6. THAT A DUMPSTER BE SHOWN ON THE SITE PLANS AND CONSTRUCTED OF MATERIALS SIMilAR TO THE BUilDING WITH A GATE. 7. THAT THE lANDSCAPE PLAN BE REVISED TO CONFORM TO CITY ORDINANCE. 8. THAT A LIGHTING PLAN BE PROVIDED THAT CONFORMS TO CITY ORDINANCE. 9. THAT AN AMENDMENT TO THE CONDITIONAL USE PERMIT .BE OBTAINED PRIOR TO PHASE TWO OF THE SITE DEVELOPMENT. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.6. Request bv John Bunkers for Conditional Use Permit for Car Wash Detail Shop, Public Hearina - Case No. CU 00-38 Staff report by Steve Wensman. John Bunkers requests a conditional use permit to allow a car wash detail shop in the Barrington Place Planned Unit Development (568 Dodge Avenue). Mr. Wensman explained that Dolphin Carwash plans to delay part of their expansion which was approved last month, and instead, move their detail operation to Mr. Bunker's site. Mr. Wensman reviewed issues related to the site regarding noise, hours of operation, easements, emergency vehicle access, landscaping and parking. Staff recommends approval of the request with the conditions outlined in the staff report. Chair Chambers opened the public hearing. Mr. lynn Caswell, 580 Dodge Avenue, stated that John Oliver and Associates has no objection to Mr. Bunker's request as long as operations are done inside the building. He expressed concern that the landscaping proposed by staff may interfere with the site lines onto Dodge and suggested that if any trees were planted, that they be tall overstory trees and trimmed high to allow maximum visibility. Commissioner Kuester stated that she felt the use proposed by Mr. Bunkers is much more compatible than the earlier proposal. Commissioner Chambers asked if any new signs are proposed for the property. Mr. Wensman stated that none are proposed at this time, but that a sign permit would be required if any are requested in the future. There being no further comments from the public, Chair Chambers closed the public hearing. Commissioner Baker asked if the sign on the games building was permanent. Mr. Bunkers stated that he did not feel the sign was acceptable and that the sign would be coming down after the Christmas season when the tenant was in a better financial position to replace it with a better quality sign. ,. . . Planning Commission Minutes September 26, 2000 Page 9 COMMISSIONER PEDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY JOHN BUNKERS FOR A CONDITIONAL USE PERMIT TO ALLOW A CAR WASH DETAIL SHOP, CASE NO. CU 00-38, WITH THE FOLLOWING CONDITIONS: 1. THAT THE EMERGENCY SERVICE VEHICLE EASEMENT BE POSTED "NO PARKING/FIRE LANE." 2. THE CURB CUT ON DODGE STREET BE REDUCED TO 30 FEET IN WIDTH, THE MAXIMUM ALLOWED BY CITY ORDINANCE. 3. THAT A LANDSCAPE ISLAND BE ADDED ON THE NORTH SIDE OF THE PARKING LOT ADJACENT TO DODGE STREET. 4. THAT A SIGN PERMIT BE OBTAINED PRIOR TO ANY NEW SIGNS BEING INSTALLED ON THE PROPERTY. 5. THAT THE DETAIL SHOP BE CONDUCTED ENTIRELY WITHIN THE GARAGE. 6. THAT ADDITIONAL LANDSCAPING BE PROVIDED AS RECOMMENDED BY THE PLANNING DEPARTMENT. 7. THAT THE ADDITIONAL PARKING BE PROVIDED TO ACCOMMODATE VEHICLES WAITING TO BE SERVICED AND EMPLOYEE PARKING. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.7. Request by Lyman Co. for Preliminary Plat ADDrOval (Meadowwoods VillaaeL Public Hearina - Case No. P 00-13 Staff report by Scott Harlicker. Lyman Company requests preliminary plat approval for Meadowwoods Village, a 71 acre clustered single-family subdivision of 40 lots, located at County Road 1 and 209th Street. Mr. Harlicker stated that there will be 44 acres of private open space in the subdivision. He reviewed the density calculations and standards for density bonuses. He explained that staff does not feel the project meets the requirements to allow the 40th lot and feels the plat should be reduced to 39 lots. Mr. Harlicker reviewed the layout of the streets and lots, open space, landscaping, community septic system, park dedication and trails. He noted that the lots will have individual wells and the community septic system will be fenced with split rail fencing and landscaped. Mr. Harlicker explained the location of the proposed trails and sidewalks, noting a change recommended by staff in the location of the trail crossing on 209th Avenue. Staff recommends approval of the plat with the conditions outlined in the staff report, adding a Condition #25 to require platting of the medians and the islands in the cui de sacs as outlots. Terry Maurer. City Engineer. stated that the comments in his memo to the Commission regarding drainage are relatively minor. He stated that he will be reviewing the drainage plan prior to the City Council meeting. Planning Commission Minutes September 26. 2000 Page 10 . Commissioner Baker asked why not place the trail crossing at County Road 1. Mr. Harlicker explained that it is better to cross a street at a controlled intersection than at mid-block. Commissioner Baker questioned why sidewalks are not proposed on both sides of the street. He stated that he felt having sidewalks on both sides of the street appears more balanced. Ms. McPherson state that typically in the City there are sidewalks one side only, and that considering the limited amount of traffic and the amount of amenities the developer is already proposing, staff did not feel it would be appropriate to require sidewalks on both sides of the streets. Commissioner Kuester questioned why it was necessary to raise the grade in the location noted by staff. Mr. Harlicker stated that the grading was necessary to create walk-out lots which are proposed by the developer. A question was raised regarding the American Wetland septic system proposed by the developer. Terry Maurer stated that he did not have concerns about the septic system, noting that this is the third style of community septic system which the City has reviewed for clustered development. He explained that developers will choose the system which best fits the size, soils and aesthetics of the individual project. . Mike Gair, representing Lyman Development, reviewed other cluster development projects which he has completed including 2 in Lake Elmo, one in Inver Grove Heights, Otsego, 2 in Ham Lake and Wisconsin. Mr. Gair reviewed the Meadowwoods project. He explained that the 30 foot knoll in the south of the plat will be preserved. Outlot C is proposed to be a focal point for the development, providing a gathering space for the residents, with a gazebo and extensive landscaping. A picket fence will be installed to define the open space. Mr. Gair reviewed the location of the trails and sidewalks. He asked the Commission to consider the preservation of wood and the additional landscaping in the development as meeting the requirement for the additional lot. Mr. Jim Johnston of Lyman Development explained that he feels they have met the intent of the City's open space preservation ordinance. He explained that they would be preserving the stand of pines along County Road because of the rural character it lent to the development. He asked that the Planning Commission consider allowing the 401h lot, stating that when the development was complete, no one would look at it and say there is one too many lots. Mr. Johnston explained that the North American Wetlands septic system has been used in Europe for many years and utilizes plants to clarify the water before it reaches the open pond. Commissioner Baker asked what will be planted in the open space. Mr. Johnston stated that prairie grasses will be planted. Commissioner Baker asked if it would be possible for residents to use the open space for playing ball. Mr. Johnston felt that would be up to the Homeowner's Association. . Mr. Johnston explained why the trail location was chosen. Ms. McPherson explained that the Park and Recreation Commission felt the trail should be closer to County Road 1 so trail users would not feel they were encroaching on the Planning Commission Minutes September 26. 2000 Page 11 . private area. She further explained that the trail easement to the south was requested for possible use in the future. Since the City does not know the future of the gun club property, no trail would be built at this time. Commissioner Baker asked if a density bonus has been granted in the past for preserving a structure or architectural theme. Ms. McPherson stated that a density bonus was allowed in Rolling Hills for preserving a barn. Mr. Johnston stated that the development will have a defined architectural theme which will include front porches and stoops, side-load garages and garages set back into the back of the lot, wherever it is possible. He displayed photographs of homes in other developments they have done which reflected this type of style. Mr. Johnston described details of the proposed gazebo which ties into the architectural theme. He noted that restrictive covenants will ensure that quality exterior materials will be used including wood siding, brick, stucco and a high grade vinyl siding. Chair Chambers opened the public hearing. . Deb Meyers, 20927 Elk lake Road, a resident living across from the proposed development, expressed her concern regarding safety issues associated with the gun club, impact on the schools, traffic, the bike path and the community septic system. Ms. Meyers stated that with 40 homes, there is a potential for 80 children in the development. She explained her concern for safety since the fence around the gun club is only about 4 feet high and can easily be climbed by a child. Also, the number of children which will be added to the schools by this development will require four additional classrooms. Ms. Meyers was concerned that the bike path would interfere with their horseback riding. Possible odor and leaching from the community septic system was also a concern, as well as the additional traffic which would be generated on County Road 1. George Zabee, representing the Elk River Gun Club, explained that the gun club has been in existence since 1964 and is a community-minded organization. He stated that the club provides safety training for young people including scouting and 4-H groups. Mr. Zabee explained that the club has 300 acres of property and fencing of the entire perimeter of the property was recently completed. He stated that the club is not opposed to the cluster development but that they have several concerns. He stated that one concern has been addressed which was the need for a buffer. He felt that by leaving the trees on the knoll referred to by the developer, a natural buffer would be created which would help with noise, also. Mr. Zabee's second concern was that prospective buyers be made aware that there is a gun range adjacent to the development. He asked that the Planning Commission require the developer to print this information in their literature which is distributed to buyers. Mr. Zabee also requested that the developer be required to install a chain link fence around the northeastern corner of the gun club. He concluded by stating it is true that the DNR was interested in the gun club property, but that the gun club is not interested in the DNR. . Katie T. of 13269 211th Avenue NW, asked why there will be an access onto 21lfh and if it would be paved. Mr. Harlicker stated that a second access is required to emergency purposes and there are no plans to pave it at this time. Planning Commission Minutes September 26, 2000 Page 12 . Bert Adkinson, member of the Elk River Gun Club, stated that the gun club has continuously tried to be sensitive to the neighbors. He explained that they have records of all the property owners which are contiguous to the club. When the club's property was surveyed, they sent letters to all the neighbors explaining what was happening. They then began fencing the entire 3 Y2 miles around the club property. Roger Whiteoak, 20927 Elk Lake Road, expressed his concern with the traffic on County Road 1. He asked if there are any plans for this road. Terry Maurer explained that this road is under the County's jurisdiction, but that he is not aware of any plans to change or improve the road. Mr. Whiteoak stated that the number of accidents on this road has increased significantly since the Windsor Woods development was started. He also was concern that his property would be affected by use of a wetland for the community septic system. Commissioner Chambers asked if the County has seen the plat. Terry Maurer stated that they have received the plat but the City has not received any comments from them. Ms. McPherson explained that a right turn lane will be added on the southbound lane of County Road 1 and the shoulder will be widened on the east side of the northbound lane. Also, she noted that staff has proposed the trail to be located on the west side of the trees along County Road 1, on the Meadowwoods property. . Ms. Deb Meyers expressed concern that trees would be lost in order to construct the turn lanes. Terry Maurer explained that the turn lanes would be constructed within the County right of way and should not impact the trees. Mr. Johnston stated that the trees are located on the private property. Ms. Meyers asked for clarification where her driveway was located in relation to the road into the proposed plat. Terry Maurer explained that the road would be approximately 380 feet north of her driveway. There being no further public comment, Chair Chambers closed the public hearing. Commissioners Baker and Pederson expressed their concern for the safety of children living next to the gun club. Commissioner Baker did not feel a chain link fence would be enough to keep children out. The Commissioners discussed the effectiveness of a chain link fence and were in agreement that a child could climb an 6 or even 8 foot fence, as well. They also agreed that to require the gun club to provide a tall security fence with concertina wire would be unrealistic, due to the cost. Mr. Johnston stated that the club has posted the perimeter of the property and installed a four foot high mesh fence. He stated that they met with the gun club early in the process of planning the development and he feels that they can be good neighbors. . The Commissioners were generally in agreement that if the property was posted and fenced, and buyers were informed of the fact they were buying property . . . Planning Commission Minutes September 26, 2000 Page 13 adjacent to a gun range, the responsibility for safety of the children would ultimately be left to the parents. Commissioner Pederson stated that he felt the developers have done a good job with the plat regarding landscaping and architectural style. He stated he had concerns with allowing a five percent density bonus for preserving trees along a county road. Commissioner Schuster stated that he felt this cluster represented what the Commission was looking for when they approved the cluster ordinance. He stated that the County needs to address the traffic issue on County Road 1. He felt the gun club adjacent to this development is a major issue and he is not sure how the Planning Commission can deal with it. He felt that the gun club needs to look at ways to address the issue, as well. Commissioner Pederson agreed that the traffic is a County issue and that the City Council would need to address the gun club issue and the impact on the schools. Ms. Meyers asked for clarification on the septic system and whether or not her property would be affected by it. Terry Maurer stated that the specific design of the system will be reviewed before it is approved. He explained that when discharge from a septic system moves through only 36 inches of sand it becomes clean. Therefore, he did not see how this system could possibly have any affect on their property on the other side of County Road 1. Mr. Maurer noted that these types of systems have many years of history to prove that they work. He felt that there are better controls with a community system which is under the authority of a homeowner's association. Mr. Johnston added that monitoring and testing of the system will be required and space has been left for a secondary system, in the event the original system should fail for any reason. Ms. Meyers requested that the Commissioners take her concerns into consideration. Commissioner Baker stated that he still has concerns regarding the gun club and who is responsible for ensuring the residents' safety. He also stated that he does not feel this plat meets the criteria for the additional lot which is being requested by the developer. Ms. McPherson stated that if the developer is required to provide full discloser of the gun club, and the club is posted and fenced the property, it becomes the homeowner's responsibility to protect their children. Commissioner Kuester felt that information is the key to protecting the children. She suggested that the young people moving into the development be provided an opportunity to see the club and perhaps take the gun safety training which is offered, so that their curiosity about the club will be satisfied. COMMISSIONER PEDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY LYMAN COMPANY FOR PRELIMINARY PLAT APPROVAL OF MEADOWWOODS VILLAGE, CASE NO. P 00-13, WITH THE FOLLOWING CONDITIONS: Planning Commission Minutes September 26, 2000 . 1. 2. 3. 4. 5. 6. . . Page 14 A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED. A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 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 THE PERIOD OF ONE YEAR. 7. 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. 8. 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. 9. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 10. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 12. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 13. OUTLOT A, OUTLOT B AND OUTLOT C BE PLACED IN A CONSERVATION EASEMENT TO BE HELD BY THE HOMEOWNERS ASSOCIATION OR A QUALIFIED LAND TRUST. 14. ALL MAILBOXES BE CLUSTERED. 15. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 16. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO CLEARING OF TREES OR GRADING COMMENCING. . . . Planning Commission Minutes September 26, 2000 Page 15 17. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. 18. ALL COMMENTS FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT SHALL BE ADDRESSED. 19. ALL SIDEWALKS, WOODCHIP TRAILS AND THE BITUMINOUS TRAIL NORTH OF 209TH AVENUE SHALL BE INSTALLED BY THE DEVELOPER. 20. THE TRAIL FOR PUBLIC USE SHALL BE PLACED IN A TRAIL EASEMENT AND GRANTED TO THE CITY. 21. MAINTENANCE OF THE OUTLOTS, THE LANDSCAPED MEDIAN ON 209TH AVENUE AND THE LANDSCAPED ISLANDS IN THE CUL DE SACS SHALL BE THE RESPONSIBILITY OF THE HOMEOWNERS ASSOCIATION AND SHALL BE INCLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT. 22. A RESTORATION AND MAINTENANCE PLAN FOR THE OPEN SPACE SHALL BE INCLUDED IN THE HOMEOWNERS ASSOCIATION DOCUMENTS 23. THE NUMBER OF LOTS IN THE PLAT SHALL BE REDUCED TO 39. 24. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. 25. THE CUL DE SAC ISLANDS AND 209TH STREET MEDIAN BE PLATTED AS OUTLOTS. 26. THE DEVELOPER PROVIDE LITERATURE TO PROSPECTIVE BUYERS ALERTING THEM TO THE EXISTENCE OF THE GUN CLUB AND THE EXISTENCE OF THE GUN CLUB BE NOTED IN THE HOMEOWNERS ASSOCIATION DOCUMENTS. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.8. Request by Uristq Real Estate, LLC for Preliminary Plat Approval (Meadow Park 2nd Addition\. Public Hearina - Case NO. P 00-15 Staff report by Scott Harlicker. Urista Real Estate has requested preliminary plat approval of Meadow Park 2nd Addition, a replat of Outlot A, Meadow Park, located on the south side of Main Street and west of Carson Street alignment. Mr. Harlicker reviewed the request and stated that staff recommends approval with the conditions listed in the staff report. Terry Maurer, City Engineer, noted that an existing storm sewer runs diagonally across the southwest corner and along the rear property line. He explained how the drainage would be directed when adjacent properties develop in the future. Chair Chambers opened the public hearing. There being no public comment, Chair Chambers closed the public hearing. COMMISSIONER KUESTER MOVED APPROVAL OF THE REQUEST BY URISTA REAL ESTATE FOR PRELIMINARY PLAT APPROVAL OF MEADOW PARK 2ND ADDITION, CASE NO. P 00-15, WITH THE FOLLOWING CONDITIONS: . . . Planning Commission Minutes September 26. 2000 Page 16 1. ACCESS WILL BE LIMITED AND TEMPORARY FROM MAIN STREET WITH PERMANENT ACCESS TO THIS LOT FROM CARSON STREET. 2. PARK AND RECREATION FEE IN THE AMOUNT REQUIRED AT THE TIME OF FINAL PLAT SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED AT THE TIME OF FINAL PLAT SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.9. Reauest by Vanman Companies for LeFebvre Truckina Co. for an Amendment to a Conditional Use Permit for Driveway Width of 60 Feet. Public Hearina - Case No. CU 00-37 Staff report by Scott Harlicker. Vanman Companies. on behalf of LeFebvre Trucking Co.. is requesting an amendment to their conditional use permit to allow a 60 foot wide driveway. LeFebvre Trucking is located in the northeast corner of 1 71 sf A venue and Ulysses Street. Mr. Harlicker explained that the purpose of LeFebvre's request is so that they are able to accommodate trucks up to 110 feet long which enter and leave their site. He explained the turning movements of the trucks. stating that with the current situation. the trucks end up crossing the center lane of the roadway. infringing on the oncoming traffic lane. Staff recommends denial of the request. Chair Chambers opened the public hearing. Mr. Bob Strong, representing LeFebvre Companies, explained that they attempted to obtain a driveway wider than 36 feet when they were granted their initial conditional use permit. but their request was denied. He stated that they are experiencing problems with the long over-size trucks entering and exiting their site. as well as their regular tractor/trailers. A video was viewed at this time. which demonstrated that their regular trucks are not able to maneuver in and out of the site with the 36' driveway. Mr. Strong stated that if more right of way had been taken and right turn lanes would have been added. there would be more room for turning. Commissioner Pederson asked how many of the oversize trucks come into the site per day. Mr. Strong stated that there are no more than two per day and that these trucks have an escort driver to stop traffic if necessary to allow the trucks room to maneuver. City Engineer Terry Maurer noted that Mayor Klinzing and Councilmember Motin were out at the site and expressed their feeling that they would like the City to do whatever was possible to help correct the situation. However. he felt that it would be unacceptable for trucks to cross the centerline under any circumstances. Mr. Maurer suggested that conditions be added to address trucks entering from the east and that the entrance be striped. Staff discussed landscaping improvements that are left to be completed. . . . Planning Commission Minutes September 26, 2000 5.11. Page 17 There being no further comments from the public, Chair Chambers closed the public hearing. COMMISSIONER PEDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY VANMAN COMPANIES ON BEHALF OF LEFEBVRE TRUCKING CO. FOR AN AMENDMENT TO THEIR CONDITIONAL USE PERMIT TO ALLOW A 60 FOOT WIDE DRIVEWAY, CASE NO. CU 00-37, WITH THE FOLLOWING CONDITIONS: 1. NO OVER-LENGTH TRUCKS WILL BE ALLOWED TO ENTER THE SITE FROM THE EAST WHICH WOULD REQUIRE THE OPERATORS TO CROSS THE CENTER LINE OF THE ROADWAY. 2. THE ENTRANCE SHALL BE STRIPED. 3. THE LANDSCAPING PLAN WHICH WAS APPROVED AS PART OF THE CONDITIONAL USE PERMIT SHALL BE COMPLETED BY MAY 31, 2001. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Home Deoot Discussion Mr. Harlicker explained that the recently painted Home Depot building does not match the paint chip which was given to staff in the approval process. Staff feels that the color on the building is more of a yellow shade than a tan. The original paint chip, a sample of the Home Depot standard color, and a sample of the actual paint on the building were passed around for the Commission to view. He noted that none of the colors are the same. He noted that staff was asked to approve each of the building materials as they moved through the construction process, but not the color of the building. Mr. Harlicker stated that the Planning Commission is asked to consider whether or not they will accept the color of the Home Depot building, or require the contractor to repaint the building. Mr. Todd Mosher of Greenberg Farrow, representing Home Depot, explained Home Depot's position on the base color of the building. He felt that the shade which the building was painted was an acceptable shade of tan. He did not recall that staff was told the building would be painted exactly the color of the paint chip. Mr. Mosher presented a sample board which is a replica of the one presented to staff and the Commission during their approval process. He stated that the board is used to demonstrate the various types of materials and may not reflect the exact colors. A representative of ICI Deluxe Pain Centers explained how a paint color can look like another color when it is painted on different types of surfaces. He also explained how paint batches can vary and that paint chip samples which are given out by paint stores are produced by computer and are not actual "paint" samples. Commissioner Baker asked what staff's position was on the issue. Mr. Harlicker stated that since the colors of the other building materials were determined based on the color of the building, staff feels the building should be repainted. Ms. McPherson stated that since the color does not match Home Depot's own . . . Planning Commission Minutes September 26. 2000 Page 18 standards, the building would need to be repainted. Commissioner Baker then asked Mr. Mosher what Home Depot's position was. Mr. Mosher stated that he felt the city was approving the materials shown on the board, not the exact colors. Commissioner Schuster stated that he preferred the lighter color which the building was painted, in comparison to the paint chip. He expressed concern, however, that staff was presented one color and then the building was painted another. He stated that he did not feel that it would be fair to make Home Depot repaint the building. The Commissioners were in agreement that this was a miscommunication issue and that in the future, more specific information regarding colors will need to be required. It was the consensus of the Commissioners to accept the color of the Home Depot building. 6.1. Update on 8/22/00 City Council Meetina by Commissioner Kuester Commissioner Kuester provided an update on the August 22, 2000 City Council meeting. 7. Adiournment There being no further business, COMMISSIONER BAKER MOVED TO ADJOURN THE MEETING. COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River Planning Commission adjourned at 11 :33 p.m. ~~ Debbie Huebner Recording Secretary