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07-22-2003 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, JULY 22, 2003 Members Present: Chair Pederson, Commissioners Anderson, Lemke, Offerman and Ropp Members Absent: Franz Staff Present: Michele McPherson, Director of Planning; Chris Leeseberg, Planner; Terry Maurer, City Engineer; Peter Beck, 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 6:30 p.m. by Chair Pederson. 2. Consider 7/22/03 Planning Commission Agenda COMMISSIONER OFERMAN MOVED TO APPROVE THE JULy 22,2003 PlANNING COMMISSION AGENDA. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Agenda COMMISSIONER ANDERSON MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. - REQUEST BY CASCADE 1 LAND COMPANY FOR PRELIMINARY PLAT APPROVAL (PHEASANT RUN 2ND ADDITION), PUBLIC HEARING - CASE NO. P 03-05 - POSTPONED TO THE S/20/03 SPECIAL PlANNING COMMISSION MEETING. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Consider 6/24/03 Planning Commission Minutes COMMISSIONER ANDERSON MOVED TO APPROVE THE JUNE 24, 2003 MINUTES. COMMISSIONER OFFERMAN SECONDED THE MOTION. THE MOTION CARRIED 5-0. . . . Planning Commission Minutes July 22, 2003 Page 2 4.2. Consider 7/8/03 Planning Commissioner Minutes COMMISSIONER ANDERSON MOVED APPROVAL OF THE JULy 8,2003 PlANNING COMMISSION MINUTES. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Planning Commission Representative to Attend August City Council Meeting Commissioner Ropp will attend the August 18,2003 City Council meeting. 6.1. Request by Morcon Real Estate & Development. LLC to change the Land Use of Certain Property from MR Medium Density Residential to HB Highway Business. Public Hearing - Case No. LU 03-02 Request by Morcon Real Estate & Development. LLC for Rezoning of Certain Property from R1c Single Family Residential to C3 Highway Business Staff report on the request by Morcon Real Estate & Development was presented by Director of Planning Michele McPherson. Morcon requests a land use amendment and rezoning for Oudot A of Brentwood and Lots 3 and 4, Block 3 Ridgewood East 3rd Addition in order to allow commercial development. Ms. McPherson described the surrounding land uses and reviewed the history of previous requests by the property owner for land use change and rezoning of the property in 1994 and 1995. She explained that the 1997 Strategic Plan approved by the City Council identified Oudot A as a potential industrial site, but rezoning of the property was not pursued. Ms. McPherson stated that during the current review process to update the City's Comprehensive Plan, a number of residents at Public Meeting #3 expressed the opinion that Oudot A would be appropriate for some type of commercial development. Staff recommends approval of the land use amendment and rezoning based on the fact that conditions have changed to warrant a change in the land use and there are no other commercial opportunities along the Highway 169 corridor of substantial size to adequately compete with adjacent surrounding communities' commercial sites. Chair Pederson opened the public hearing. Ron Peterson, 11625 197th Avenue, stated that the residents of Brentwood would like the area to remain as a single-family residential neighborhood. He stated that, in going through the Brentwood plat file at City Hall, a report by a previous planner, Gary Schmitz, indicated that there are few details available regarding the future use of Oudot A. He stated that he feels the initial intent of Oudot A was residential. Mr. Peterson cited information from the restrictive covenants for the Brentwood subdivision and stated that he feels all the covenants also apply to Oudot A. Gary Kleis, 19815 Irving Avenue, stated that he has lived within the covenants and feels that the developer of Oudot A also needs to comply with them. Mike Demarre, 19484 Holt Street, stated that he did not feel more commercial property is needed in Elk River, since there are commercial buildings that are vacant. Dan Schwark, 19785 Irving Avenue, expressed concern with the traffic situation at the 197m and Highway 169 intersection. . . . Planning Conunission Minutes July 22, 2003 Page 3 Jeanne Peabody, 11713 200th Avenue, stated that she was told by the property owner when she purchased her property in 1987 that Oudot A would be a park. She stated she was also told that mining at the Barton site would be complete in two years and it is still being mined. She expressed concern regarding the increased traffic that commercial development on Oudot A would generate. Ms. Peabody stated that there are no sidewalks in Brentwood and many residents walk on the streets and that increased traffic would create a safety issue. Wayne Traaseth, 11707194th Avenue, comer of 194th and Irving Avenue, stated that he is against any change in the zoning. He stated that there were trees on the site which were cut down and left lying on the ground. He stated that when he moved to his home in 1987, he spoke with Mr. Dennis Anderson, owner of Oudot A, and was told that the worst that would happen would be development of townhomes on the site. He expressed his opposition to the request due to his concerns regarding traffic, noise and pollution. Leanne Brown, 19737 Lowell Street, stated that she purchased her home in Brentwood because of the beauty of the Elk River area. She expressed her opposition to the land use amendment and rezoning because of the aesthetic impacts. Tom Halbakken, 11744194th Avenue, stated that it is his understanding that MNDot plans an interchange at 197m Avenue and Highway 169. He felt that the City should plan for the interchange now. Tony Luciano, 19757 Irving Street, stated that he moved to Brentwood three years ago because of the beauty of the area. He expressed his opposition to the request, stating that he felt the commercial development would encroach on the Brentwood neighborhood. Dave Weatherly, 19479 Lowell Street, stated that he is a life-long resident of Elk River and recalls that Oudot A previously was a hill and that the reason it is flat now is because it was mined for gravel. He asked if a plan was available for development of the site. Chair Pederson noted that the applicant is not required to present a development plan for the land use amendment and rezoning request. Mr. Weatherly asked what the status of Highway 169 is as far as MNDot is concerned. City Engineer Terry Maurer explained that Highway 169 is identified as an interregional corridor and will have freeway status in the future. Mr. Weatherly stated that he felt more property owners should have been notified of the request beyond the 350' requirement because the impacts would be far beyond that. John Polden, 11751196th Avenue, stated that when he built his home in Brentwood in 1989, he was told by the property owner that Oudot A would be a park. He felt that traffic would be a major issue if the site was developed for commercial use. He asked why commercial development is desired and if it increased the tax base. Chair Pederson stated that there is very litde commercial land available for development of any substantial size, and that commercial development does help to increase the tax base. Mr. Polden expressed his concern that the trees on the east side of Highway 169 helped to absorb the traffic noise, and when they were cut down for the Menards construction, the Brentwood residents were impacted by the increased noise. Mr. Polden stated that his granddaughter will not play outside when she visits because the traffic noise from Highway 169 hurts her ears. He expressed his opposition to the request based on privacy, noise, and pollution issues. Steve Brown, 19737 Lowell Street, asked that a decision on the request not be based on the financial gain the approval would generate for the property owner. He asked that the Commission look at the impact on the whole area. . . . Planning Commission Minutes July 22, 2003 Page 4 Dale Miller, 11795 196th Avenue, stated that when he purchased his property, he asked Mr. Anderson what Oudot A would be used for and was told that part of it would be developed as single family and part of it would be a park. John Polden, 11751196th Avenue, stated that the Commission also needs to take into consideration that there is a school in the neighborhood which is part of the Solid Rock Church. John Annen, 11966 195th Circle, stated that he felt Elk River does not need to create more minimum wage jobs by the commercial development of Oudot A. Jay Johnson of Dynamics Design & Land Co., representing the landowner, stated that Mr. Dennis Anderson is proposing a high quality development for the site. He stated that the potential buyer Marcon, will provide a quality development and that Mr. Dave Pertl of Morcon will be able to address the issues with traffic and access. Mr. Johnson stated that he feels the product will be pleasing to the public and will fit the updated Comprehensive Plan. There being no further public comment, Chair Pederson closed the public hearing. Commissioner Anderson stated that he felt it makes sense to rezone the property to commercial and that he felt a project could be done in a tasteful manner. He stated that the City has no control over traffic on Highway 169 and that the traffic will only continue to increase. He stated that development of the site may actually improve the noise situation from the highway. Commissioner Anderson stated that the gravel mining is moving northward and that the area just north of Brentwood will eventually be complete and is slated for redevelopment. He noted that although he feels the area should be commercial, he felt it would be irresponsible to support the request until the Comprehensive Plan update is completed. Commissioner Ropp concurred with Commissioner Anderson's comments and stated he was not in favor of the land use amendment and rezoning at this time. Commissioner Offerman stated that he felt a traffic study of the area is needed to determine how the area would be impacted by MNDo T's proposal. He stated he did not feel the property should be zoned single family residential. He felt with proper planning, a good commercial project could be designed. Commissioner Lemke stated that he supports the commercial land use amendment and he does not feel the residential zoning is appropriate. Commissioner Lemke stated his primary concern is a lack of a transportation plan and he feels that more study is needed. Chair Pederson stated that he feels a commercial use for the site is appropriate given the high visibility from Highway 169. He explained that there were a number of open meetings for the update of the Comprehensive Plan. He noted that a number of residents in the five work groups at these meetings felt there was a need for additional commercial property in the City. Locations suggested for commercial development included the area south of 197th Avenue along the west side of Highway 169. He stated that no one knows when MNDoT may implement their plan for an overpass at 197m Avenue. He stated that the build-out of Elk River is proposed to be 35,000 - 36,000 people and that more commercial property is needed to support a population of that size. Chair Pederson felt that a frontage road along Highway 169 would help to address some of the traffic concerns of the Brentwood . . . Planning Commission Minutes July 22, 2003 Page 5 residents. He stated that he concurred with staff's recommendation to approve the land use amendment and rezoning. Chair Pederson noted that it will not be long until the gravel mining to the north of Brentwood is complete and that that area is proposed for industrial development. Commissioner Lemke asked what options the Commission has, and whether or not the land use amendment could be approved but not the rezoning. Director of Planning Michele McPherson stated that the Commission needs to make a recommendation either to approve or deny the request, and if approved by the City Council, the applicant would then submit a prelimin;uy plat application. At that time, issues regarding screening, berming, and access would be addressed. Commissioner Lemke asked if the City would have more options if a Planned Unit Development (PUD) was requested. City Attorney Peter Beck explained that PUD is a zoning and that the applicant chose to request the C3 zoning. Mr. Beck noted that it has been the City's goal to keep the land use and zoning the same, but that it is not absolute to have it the same. Commissioner Anderson stated that he feels that area should be zoned commercial but that the timing of the request is ahead of the update of the Comprehensive Plan. Commissioner Anderson also expressed concern regarding the traffic traveling east to west. A resident in the audience asked what the next step of the process would be. Director of Planning Michele McPherson explained that the minutes of this meeting would be prepared and presented to the City Council as part of the packet for the August 18th City Council meeting. Discussion followed regarding the requirements for resubmission of an application. City Attorney Peter Beck stated that it was his understanding that an applicant must wait six months to resubmit the same request. Commissioner Offerman stated that he would support the request if it came back as a PUD. Director of Planning Michele McPherson stated that the applicant could submit a different application after the August 18th City Council meeting, if this request was denied. COMMISSIONER ANDERSON MOVED TO RECOMMEND DENIAL OF THE REQUEST BY MORCON CONSTRUCTION FORA LAND USE AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL TO HIGHWAY BUSINESS, CASE NO. LU 03-02, BASED ON THE FACT THAT THE LAND USE REQUEST IS NOT CONSISTENT WITH THE COMPREHENSIVE PLAN, AND INFORMATION PRESENTED AT THE PUBLIC HEARING. COMMISSIONER OFFERMAN SECONDED THE MOTION. THE MOTION CARRIED 4-1. Chair Pederson opposed. COMMISSIONER ANDERSON MOVED TO RECOMMEND DENIAL OF THE REQUEST BY MORCON CONSTRUCTION TO REZONE CERTAIN PROPERTY FROM SINGLE FAMILY RESIDENTIAL TO HIGHWAY COMMERCIAL, CASE NO. ZC 03-04 BASED ON THE DENIAL OF THE LAND USE AMENDMENT. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 4-1. Chair Pederson opposed. 6.3. Request by Wash-N-Fill Properties of MN. LLC to Amend the PUD Agreement for Elk River Crossing. Public Hearing - Case No. CO 03-18 . . . Planning Commission Minutes July 22, 2003 Page 6 Staff report presented by Director of Planning Michele McPherson. Wash-N-Fill Properties requests an amendment to the Planned Unit Development Agreement for Elk River Crossing in order to allow additional wall and canopy signs and an illuminated canopy. Ms. McPherson explained that the applicant is changing the brand of gasoline from Conoco to Exxon, and feels that the additional canopy signs are critical for business and product identification. Staff recommends approval of the two additional canopy signs and wall signs, but does not feel does not feel the illuminated canopy is required. Chair Pederson opened the public hearing. Mr. Dave Kroona, owner of the site, introduced Kevin Koenig of Croix Oil. Mr. Koenig noted they are an Exxon supplier Mr. Koenig explained why the additional signage is needed Chair Pederson explained that in the original approval of the site plan, lighting of the canopy was not allowed because of the potential impact on the apartment buildings across the street. Mr. Koenig stated he did not feel the lighting of the stripe in the canopy would cany across the street. Commissioner Offerman asked what type of lighting is proposed for the canopy. Mr. Koenig stated that a flat lense-type lighting would be used. Commissioner Offerman asked what type of material would be used for the canopy. Mr. Koenig stated that it would be a flexible canvas-like material, similar to an awning. Commissioner Offerman asked if the ordinance prohibited backlit canopies. Director of Planning Michele McPherson stated that the proposed downtown ordinance would prohibit backlit canopies, but that the standard sign ordinance does not prohibit them. Chair Pederson asked if an amendment has already been requested for this site. Ms. McPherson explained that that an amendment was previously approved to allow one sign on the canopy. Mr. Koenig stated that he felt that the signage on the site is virtually invisible, due to the large Home DepotlWal-Mart freestanding sign. He explained that the overall height of the canopy would be reduced from 48 inches to 36 inches and that the white band will not be illuminated by direct lighting. Mr. Koenig noted that there will also no longer be lighting on the dispensers. Chair Pederson stated that in the original approval of the site plan, the applicant stated that he would build an upscale convenience store and that he did not want to see any changes to the building that would reflect otherwise. Chair Pederson stated that he felt there were other options for the applicant to draw attention to the site. There being no further public comment, Chair Pederson closed the public hearing. Commissioner Offerman stated that he would support granting the request. He stated that he felt the proposed signage would be pleasing to the eye and felt the signage is needed to draw attention to the site. Commissioner Anderson asked if the applicant would still replace the canopy if lighting of the canopy was not approved. Commissioner Anderson stated that he felt the new canopy would draw attention during the daytime hours. Mr. Koenig stated that he will go ahead with changing the canopy. . . . Planning Commission Minutes July 22, 2003 Page 7 COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY W ASH-N-FILL PROPERTIES TO AMEND THE PUD AGREEMENT FOR ELK RIVER CROSSING, CASE NO. CU 03-18 TO ALLOW 2 I ADDITIONAL CANOPy SIGNS AND 2 WALL SIGNS, AND THAT ILLUMINATION OF THE CANOPy IS NOT ALLOWED. COMMISSIONER LEMKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.40 Request by William Morrow for a Conditional Use Permit for New Kentucky Fried Chicken Restaurant. Public Hearing - Case No. CD 03-17 Staff report presented by Director of Planning Michele McPherson. William Morrow requests a Conditional Use Permit to construct a new Kentucky Fried Chicken Restaurant at 525 Dodge Street. The applicant proposes to demolish the existing restaurant and replace it with a new one. Ms. McPherson reviewed outstanding issues that need to be addressed including location of access drives, landscaping, rear building fa~ade, the location of the dumpster, building dimensions, inaccurate site plan dimensions, and grading and drainage issues. Staff recommends that the application be tabled so the issues can be resolved, and to approve a 60-day extension for review of the application. Chair Pederson asked if the Gty Engineer felt the 5th Street access onto to Highway 169 would remain open. Gty Engineer Terry Maurer stated that he felt it would remain open for the short term, but not long-term. Chair Pederson noted a discrepancy in the elevations and site plan drawings regarding the vestibule doors. Chair Pederson opened the public hearing. Mr. Demarre, owner of the Kentucky Fried Chicken restaurant, stated that revised plans were submitted to the Planning Department on Monday, July 21st. He stated that the new building would be constructed in Worthington, Minnesota and then shipped here for assembly on site. Mr. Demarre expressed his concern with the dumpster location proposed by staff, the raised islands, and the number of trees required. Ms. McPherson explained that the number of trees is based on the total lineal feet of the site. She stated that staff would work with the applicant regarding credit for existing trees, but that some ornamental and evergreen trees would be required. Mr. Demarre stated that he objected to the raised islands because his delivery truck would not be able to maneuver through the site. He explained that placing the dumpster so far away from the building would create security issues, as well as maintenance issues. Commissioner Anderson asked if the coolers were enclosed in metal, rather than being inside the building. Mr. Demarre stated that was correct. Discussion followed regarding tabling the request in order to address a number of outstanding issues. Gty Engineer Terry Maurer stated that the very large issue is how the existing store can remain open while the new restaurant is being constructed. He stated that there are a number of concerns to be addressed including safety, fencing and access. Mr. Demarre asked that the Commission recommend approval of the request and that the issues could be addressed before the Gty Council meeting. He stated that he would not be able to construct the new restaurant this fall if the issue were tabled. Staff and the Commission discussed tabling the request to the August 12th workshop date. . . . Planning Commission Minutes July 22, 2003 PageS There being no further public comment, Chair Pederson closed the public hearing. COMMISSIONER LEMKE MOVED TO TABLE THE REQUEST BY WILLIAM MORROW FOR A CONDITIONAL USE PERMIT - CASE NO. CU 03-17, TO THE AUGUST 12,2003 SPECIAL MEETING, IN ORDER TO ADDRESS THE FOLLOWING ISSUES: . LANDSCAPING . REAR BUILDING FA<.;ADE . LOCATION OF DUMPSTER . BUILDING DIMENSIONS . SITE PLAN DIMENSIONS . BUILDING ELEVATION INCONSISTENCIES · GRADING AND DRAINAGE ISSUES . PLANS TO ADDRESS UFE, HEALTH, AND SAFETY ISSUES DURING THE CONSTRUCTION PROCESS, WHILE KEEPING THE PRESENT STORE IN OPERATION. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Request by the City of Elk River for an Ordinance Amendment to Chapter 30. "Land Development Regulations". to Establish a Downtown Development District and Standards. Public Hearing - Case No. OA 03-01 Staff report presented by Planner Chris Leeseberg. The Planning Commission is asked to consider an amendment to establish a Downtown Development District and Standards. Mr. Leeseberg reviewed the history of the request and revision process. Staff recommends approval of the language pertaining to the Downtown Development District and the area which is to be included in the District. Mr. Leeseberg noted that the only comment the BRA had was that they feel the standards are too restrictive, but did not explain what specific items they felt were restrictive. Commissioner Anderson asked for clarification on the boundaries. Mr. Leeseberg stated that the BRA has not yet defined the boundary west of Lowell. Commissioner Anderson asked if the boundary could possibly go all the way down to Hanke School. Mr. Leeseberg stated that he did not believe it would go down that far, but that the BRA was not specific. Commissioner Anderson asked if the School District office site would be included. Mr. Leeseberg stated that it is included. Discussion followed regarding the standards. Mr. Leeseberg noted removal on page nine of the standards, Items H. and 1. He noted that the intent of the standards is to create vertical separation of buildings. Ms. McPherson noted that the intent of the standards is to allow new buildings to be integrated that will complement but not clash with or overpower what is already there. Chair Pederson asked if Metro Plains has seen the revisions. Mr. Leeseberg stated that they have reviewed the standards three or four times. Metro Plains concerns regarded the building height and unit width. Chair Pederson opened the public hearin~. There being no public comment, Chair Pederson closed the public hearing. Planning Commission Minutes July 22, 2003 Page 9 -------------------------- COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT TO CHAPTER 30 “LAND DEVELOPMENT REGULATIONS”, TO ESTABLISH A DOWNTOWN DEVELOPMENT DISTRICT AND STANDARDS, CASE NO. OA 03-01. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Other Business 7.1. Update on 7/21/03 City Council Meeting Commissioner Lemke provided an update on the July 21, 2003 City Council meeting. 8. Adjournment There being no further business, COMMISSIONER ANDERSON MOVED TO ADJOURN THE MEETING. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River Planning Commission adjourned at 9:25 p.m. Respectfully submitted, Debbie Huebner Recording Secretary