10-22-2002 PC MIN
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MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY, OCTOBER 22, 2002
Members Present:
Chair Pederson, Commissioners Anderson, Jenson and Ropp
Members Absent:
Commissioner Franz
Staff Present:
Michele McPherson, Director of Planning; Scott Harlicker, Senior
Planner; T eny Maurer, City Engineer; Charlie Wilson, City Attorney;
Debbie Huebner, Recording Secretary-
1. Call Meeting To Order
Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission
was called to order at 7:13 p.m. by Chair Pederson.
2. Consider 10/22/02 Planning Commission Agenda
COl\1M:ISSIONER]ENSON MOVED TO APPROVE THE OCTOBER 22,2002
PLANNING COMMISSION AGENDA. COl\1M:ISSIONER ANDERSON
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
3.1.
Consider 9/24/02 Planning Commission Minutes
COMMISSIONER ANDERSON MOVED TO APPROVE THE SEPTEMBER 24,
2002 MINUTES. COMMISSIONER]ENSON SECONDED THE MOTION.
THE MOTION CARRIED 4-0.
3.2. Consider 10/8/02 Planning Commission Minutes
COMMISSIONER ANDERSON MOVED TO APPROVE THE OCTOBER 8,
2002 MINUTES. COMMISSIONER JENSON SECONDED THE MOTION.
THE MOTION CARRIED 3-0-1. Chair Pederson abstained.
4. Consider 10/22/02 Consent Agenda
COMMISSIONER]ENSON MOVED TO APPROVE THE OCTOBER 22,2002
CONSENT AGENDA AS FOLLOWS:
ITEM 4.1. - REQUEST BY ELK RIVER lANDFILL, INC. AND TILLER
CORPORATION FOR AMENDMENTS TO CONDITIONAL USE PERMITS
FOR MINERAL EXTRACTION AND lANDFILL OPERATION, PUBLIC
HEARING - CASE NO.'S CU 02-28 AND CU 02-30 - POSTPONED TO THE
NOVEMBER 26,2002 MEETING.
COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION
CARRIED 4-0.
Planning Commission Minutes
October 22, 2002
Page 2
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6.1.
6.2.
6.3.
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Planning Commission Representative to Attend 11/18/02 City Connci1 Meeting
Commissioner Anderson will attend the November 18, 2002 City Conncil meeting.
Request by Elk River Station LLC for Zone Change to PUD. Public Hearing - Case No. ZC
01-03
Request by Elk River Station LLC for Pre1imin;uy Plat (Elk River Station). Public Hearing -
Case No. POl-OS
Request by Elk River Station LLC for Conditional Use Permit. Public Hearing - Case No.
CU 01-08
Staff report by Scott Harlicker. Elk River Station LLC requests approval of a rezoning,
conditional use permit, pre1imin;uy plat, and Mandatory EA W for a mixed use Planned Unit
Development located north of the Burlington Northern Railroad tracks and north of the
MnlDOT Park and Ride facility on the east and west sides of Twin Lakes Road.
Steve Rohlf, Building and Zoning Administrator provided backgronnd information for the
Environmental Assessment Worksheet process. He reviewed comments from the MPCA,
DNR and the State Historical Preservation Office. Staff recommends approval of the draft
resolution for City Conncil approval, declaring that the preparation of an EIS is not
necess;uy. Mr. Rohlf requested that the City reserve the right to shut down the project if any
archeological artifacts are fonnd on the site, nntil the findings can be investigated.
Mr. Harlicker provided a description of the project and backgronnd information. He
reviewed the applicants' request to rezone the property from Light Industrial and Single
Family Residential to Planned Unit Development (PUD). Staff recommends approval of the
request which will allow mix of uses, including a commercial! office component, senior
housing with a daycare center, and an apartment building and townhomes.
Mr. Harlicker then reviewed details of each of the PUD components, including uses,
building sizes and elevations, access and parking, layout of buildings and streets, pedestrian
access, park dedication recommendation, design standards, landscaping, signage, tree
removal, and preservation of the wetland areas. Staff recommends approval of the requests
with the conditions listed in the staff report. Mr. Harlicker noted that the applicant is
requesting final approval on the townhome component at this time, and that final approval
for the senior housing and daycare, commercial area, and apartment building will then be
requested at a later time.
Chair Pederson asked who owns the Park and Ride site. Mr. Harlicker stated that MnlDOT
owns the property. Chair Pederson asked if Mn/DOT owns more property than just the
Park and Ride site. City Engineer Terry Maurer stated yes. Chair Pederson stated that he
did not feel it was appropriate for City to review the requests if the applicants did not own
all of the property nnder consideration. Mr. Maurer described the area owned by MnlDOT
in relationship to the commercial area.
Chair Pederson opened the public hearing.
Len Pratt, applicant, distributed updated site plans and introduced members of the design
team. Mr. Pratt discussed his vision for the project and various components that will make
up the "transit-oriented" commnnity.
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Planning Commission Minutes
October 22, 2002
Page 3
Ed Hasek, Westwood Professional Services, reviewed the site plan and discussed open
space, tree preservation, setbacks, and sensitivity along the wetlands. He noted that they will
plant a "Mn/DOT Mix" of grasses and wildflowers along the wetlands and that it will be
left in a natural state.
Steve Ach, Centex Homes, reviewed the backgrolllld and history- of Centex homes. He
explained the four different housing products which will be used throughout the project,
including the Georgetown and Carriage-style homes. He noted that there has been a 16
percent reduction in the number of housing units over the previous plan.
Mr. Pratt discussed changes which have been made in the project including moving the
convenience/ gas station over to the west side of Twin Lakes Road.
Chair Pederson asked how wide the private drives will be. Mr. Pratt stated that they will be
20 feet wide. Chair Pederson asked for clarification of "drive bays". Mr. Pratt explained
that they are parking stalls. Chair Pederson asked if there will be parking on both sides of
the public streets. Mr. Pratt stated that there will be parking on one side only. Chair
Pederson asked how wide the public streets will be. Mr. Pratt stated that they will be 28 feet
wide. Chair Pederson asked why there are fewer small green spaces on this plat. Mr. Pratt
explained that the Park and Recreation Commission made it clear they felt having fewer
open spaces which were larger in size were more desirable and that they were able to make
the larger spaces due to the reduction in the number of housing units. He also noted that it
was Centex's decision to create the larger body of water within the central open space with a
fOlllltain.
Commissioner Ropp asked what is proposed for the west half of outlot A. Mr. Hasek stated
that there is a significant drop in elevation down to the wetland and it depends on whether
or not they are able to save the trees.
Chair Pederson stated he did not support having a sidewalk as shown between the
commercial buildings leading out onto Twin Lakes Road with no where to go. Mr. Pratt
stated that they are anticipating a bus stop at this point in the future, but stated they will take
a look at this more closely.
Commissioner Jenson stated that he felt traffic would tend to accelerate along such long
streets and asked if any traffic controls were planned to prevent this from occurring. Mr.
Hasek stated that he would have liked to include some "bump outs" but was told they are
difficult to plow. Mr. Hasek felt the narrower width of streets would have a "traffic
calming" effect.
Mr. Maurer explained that there will be turn lanes off Twin Lakes Road and that initially
there will be a 2-way stop at Twin Lakes Road for Streets A and B and that eventually a 4-
way stop may be required. He stated that there are a number of variables and it depends on
what happens as the project develops what options will be utilized.
Commissioner Jenson asked if a pedestrian llllderpasS or overpass to the Park and Ride site
has been considered. Mr. Pratt stated that they did consider this but that it would be cost-
prohibitive. He stated that a 4-way stop would help pedestrians to cross safely. He noted
that having the commercial service areas located within the development should help reduce
the number of automobile trips. Mr. Maurer noted that the traffic study indicates a drop in
the number of trips by one-third from 5,100 per day to 3,652, by changing the location of
the convenience/gas station to the other side of Twin Lakes Road.
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Planning Commission Minutes
October 22, 2002
Page 4
Corrunissioner Ropp asked why the northern access was a right-in/ right-out only. Mr.
Maurer provided background information on the safety issues.
There being no further public comment, Chair Pederson closed the public hearing.
Chair Pederson asked how close the townhome designs are to meeting the City's R3 design
standards. Mr. Harlicker stated that the information has not been calculated, but that staff
feels the project has a good mix of styles, colors and textures. He noted, however, that he
did not feel the long Georgetown style townhome (8-10 units) would comply with the R3
building material standards.
Corrunissioner Anderson stated that he felt the townhomes should be required to meet or
exceed the R3 standards.
Chair Pederson asked if there were higher standards proposed for the commercial area. Mr.
Harlicker stated yes.
Corrunissioner Anderson stated that he had some concern with the pedestrian access to the
Park & Ride/commuter rail station. He felt a closer look should be taken at this area when
the final commercial site plans are reviewed. Corrunissioner Anderson asked what the
distance was from the southern property boundary to the railroad tracks. Mr. Hasek stated
that it was approximately 300 feet. Corrunissioner Anderson stated that he was concerned
regarding the impact of the trains on traffic movement and that the problem will only be
compounded when further development occurs north on Twin Lakes Road. Mr. Maurer
stated that Twin Lakes Road was built as a four-lane divided major roadway to handle a
potential 20,000 trips a day.
Chair Pederson stated he had concerns regarding the townhome development standards. He
asked what the height of the lighting would be. Mr. Maurer stated that it would depend on
the use, whether it would be in a residential neighborhood or a commercial area and that the
height varies from 10-12 feet up to 35-40 feet. Chair Pederson stated that he also had some
concerns regarding commercial signage and asked what the limits would be. Mr. Harlicker
stated that they will be allowed 7 percent of the wall area, which is similar to the Elk River
Crossing standards. Chair Pederson asked if the signage can be back-lit. Mr. Harlicker
stated yes. Chair Pederson asked if the rezoning is consistent with the Comprehensive Plan.
Ms. McPherson explained that the land use change has already been approved by the City
Council and that the zoning is currently not consistent with the Land Use Plan. Chair
Pederson asked if the Fire Chief has reviewed the plans. Ms. McPherson stated that he has
reviewed them and that the City Engineer's memo addresses the Fire Chief's concerns (Item
# 1). Chair Pederson asked if Mr. Maurer is comfortable that the conflicts addressed in Item
#6 of his memo regarding driveway locations, parking areas, ponding, commercial concept
on property not owned by the developer, alignment of access with MnlDOT Park and Ride,
and full access at Street A intersection, will be addressed. Mr. Maurer stated yes, that he felt
the necessary adjustments would be made.
Corrunissioner Anderson asked if the City Engineer felt further clarification was needed to
ensure the wetlands were not disturbed. Mr. Maurer stated that the applicants' engineer was
present at the meeting where moving the sidewalk closer to the buildings was discussed and
it was decided to leave a buffer area between the wetland and the sidewalk. Mr. Maurer
stated that he felt the comments will be taken into account and included in the final plans.
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Planning Commission Minutes
October 22, 2002
Page 5
O>lnmissioner Anderson stated that he felt the zoning was not compatible with the adjacent
Cargill property.
Chair Pederson stated that he was concerned with the number of additional townhomes in
this area. He stated that it may be some time before the commercial area is developed to
provide services for people in this development.
Commissioner Anderson stated that he does not see the density as a concern, given the close
proximity to the potential future train station and Highway 10.
Commissioner Jenson stated that he supported the theme for the project and liked the colors
and styles proposed for the buildings. He felt it was a good project and suited the area.
Commissioner Anderson explained the background of the Park and Recreation
Commission's recommendation for the open spaces.
COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL OF
THE REQUEST BY ELK RIVER STATION LLC TO REZONE CERTAIN
PROPERTY FROM RtA (SINGLE FAMILY RESIDENTIAL) AND LI (LIGHT
INDUSTRIAL) TO PUD (PLANNED UNIT DEVELOPMENT), CASE NO. ZC
01-03. COMMISSIONER JENSON SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL OF
THE REQUEST BY ELK RIVER STATION LLC FORA CONDITIONAL USE
PERMIT, CASE NO. CU 01-08, WITH THE FOLLOWING CONDITIONS:
1. CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF
IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR RECORDING.
2. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND
EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING.
3. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT
OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS.
4. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING
THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE
AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE
SUBMITTED TO THE CITY FORA ONE YEAR PERIOD.
5. SURFACEWATERMANAGEMENTFEEINTHEAMOUNTREQillRED
BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO
RELEASING THE PLAT FOR RECORDING.
6. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY
ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT
FOR RECORDING.
7. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE
DEDICATED ON THE PLAT AS REQillRED BY THE CITY.
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Planning Commission Minutes
October 22, 2002
Page 6
8. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
9. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR
TO COMMENCING WORK ON THE SITE.
10. GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT
PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
11. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE
ISSUANCE OF BUILDING PERMITS.
12. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK
RIVER MUNICIPAL UTILITIES.
13. WATER AVAILABILITY CHARGE BE PAID PRIOR TO RELEASING THE
PLAT FOR RECORDING.
14. A LANDSCAPE PLAN BE SUBMITTED FOR STAFF REVIEW AND
APPROVAL.
15. PARK DEDICATION FEES BE PAID PRIOR TO RELEASING THE PLAT
FOR RECORDING. ALSO, AN EASEMENT SHALL BE PROVIDED
ADJACENT TO THE RAILROAD RIGHT-OF-WAY FORA FUfURE
PEDESTRIAN CONNECTION TO THE YOUTH ATHLETIC COMPLEX.
16. APPROPRIATE CROSS ACCESS EASEMENTS SHALL BE APPROVED BY
THE CITY AND RECORDED WITH THE PLAT.
17. A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT
TO THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO
FINAL PLAT.
18. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING
THE PLAT FOR RECORDING.
19. 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 OR GRADING
COMMENCING.
20. ALL TOWNHOMES SHALL MEET THE R3 TOWNHOUSE ZONING
STANDARDS.
21. THE NORTHERN ACCESS SHALL BE A RIGHT-IN fRIGHT-OUT ONLY.
22. PARKING SHALL ONLY BE ALLOWED ON ONE SIDE OF THE PUBLIC
STREETS.
23. THE EA W SHALL BE ACCEPTED AND AN EIS SHALL NOT BE
REQUIRED.
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Planning Commission Minutes
October 22, 2002
Page 7
24. THE PROPERTY ADJACENT TO THE WETLANDS SHALL BE KEPT IN
A NATURAL STATE (I.E. PRAIRIE PLANTINGS, GRASSES,
WIIDFLOWERS) WITH NO MOWING AND USE OF FERTILIZERS, IN
ORDER TO REDUCE THE IMPACT ON THE WETLANDS.
25. ANY FINDING OF ARCHEOLOGICAL ARTIFACTS SHALL BE
IMMEDIATELY REPORTED TO THE CITY AND EXCAVATING SHALL
CEASE UNTIL A DETERMINATION IS MADE ON THE SIGNIFICANCE
OF THE FIND.
COMMISSIONER JENSON SECONDED THE MOTION. THE MOTION
CARRIED 4-0.
COMMISSIONER JENSON MOVED TO RECOMMEND APPROVAL OF THE
REQUEST BY ELK RIVER STATION LLC. FOR PRELIMINARY PLAT
APPROVAL (ELK RIVER STATION) CASE NO. P 01-05, WITH THE
CONDITIONS RECOMMENDED IN THE CONDITIONAL USE PERMIT.
COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION
CARRIED 4-0.
6.4.
Request by the City of Elk River for Zone Change to C3 Highway Commercial (Ron's
Foods Site). Public Hearing - Case No. ZC 02-08
Staff report by Michele McPherson, Director of Planning. The City of Elk River requests
rezoning of property located at 321 Baldwin from R4 Multiple Family Residential to C3
Highway Commercial. Ms. McPherson explained that the land use is guided Highway
Business and rezoning the property to Highway Commercial would make the zoning map
consistent with the land use map. She noted that the Planning Commission reviewed a
similar request for rezoning in May of 2002 which was denied by the City Council. She
reviewed the changes in the zoning boundary line which have occurred over the years. Staff
recommends approval of the request.
Chair Pederson opened the public hearing.
Greg Bossany 304 Baldwin Avenue, stated that he felt the Commission needs to give
more consideration to the adjacent property owners for the type of uses that may come in
for this site.
There being no further public comment, Chair Pederson closed the public hearing.
Commissioner Anderson stated that he felt the zone change request makes sense since it
would make the zoning consistent with the land use.
Commissioner Ropp asked if the land use could be changed to High Density Residential to
make it consistent with the zoning. Ms. McPherson stated that could be done but she noted
that a portion of the property is currently zoned Highway Commercial.
Chair Pederson stated that he felt the property has been used as Highway Commercial for a
long period of time and the zoning should be corrected to make the entire site Highway
Commercial.
Planning Commission Minutes
October 22, 2002
Page 8
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COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL OF
THE REQUEST BY THE CITY OF ELK RIVER TO REZONE CERTAIN
PROPERTY LOCATED IN THE NORTHEAST CORNER OF THE
INTERSECTION OF HIGHWAY 169 AND MAIN STREET (FORMER RON'S
FOODS SITE) FROM R4 MULTIPLE FAMILY RESIDENTIAL TO C3
HIGHWAY COMMERCIAL. COMMISSIONER ROPP SECONDED THE
MOTION. THE MOTION CARRIED 4-0.
7.
Other Business
7.1. Update on 10/21/02 City Council Meeting
Commissioner Anderson provided an update on the October 21, 2002 City Council
meeting.
8. Adjournment
There being no further business, COMMISSIONER JENSON MOVED TO
ADJOURN THE MEETING. COMMISSIONER ANDERSON SECONDED
THE MOTION. THE MOTION CARRIED 4-0.
The meeting of the Elk River Planning Commission adjourned at 9:40 p.m.
Respectfully submitted,
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Debbie Huebner
Recording Secretary
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