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11-25-2003 PC MIN . . . MEETING OF THE ELK RNER PLANNING COMMISSION HELD AT LIONS PARK CENTER TUESDAY, NOVEMBER 25, 2003 Members Present: Chair Pederson, Commissioners Anderson, Franz, Lemke, Offerman, Ropp and Stevens Members Absent: None Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner; Chris Leeseberg, Planner; 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 6:49 p.m. by Chair Pederson. 2. Consider 11/25/03 Planning Commission Agenda COMMISSIONER ANDERSON MOVED TO APPROVE THE NOVEMBER 25, 2003 PIANNING COMMISSION AGENDA. COMMISSIONER LEMKE SECONDED THE MOTION. THE MOTION CARRIED 7-0. 3. Consider 10/28/03 Planning Commission Minutes COMMISSIONER ANDERSON MOVED TO APPROVE THE OCTOBER 28, 2003, MINUTES. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 7-0. 4. Planning Commission Representative to Attend Gty Council Meeting Chair Pederson will attend the December 15, 2003 Gty Council meeting in place of Commissioner Anderson. 5.1. Request by R & D Sales for Conditional Use Permit to construct a multi-tenant building. Public Hearing - Case No. CU 03-32 Commissioner Stevens excused himself from discussion of this item, due to a potential conflict of interest. The staff report for this request was presented by Senior Planner Scott Harlicker. R & D Sales requests a conditional use permit to amend the Planned Unit Development Agreement for Elk River Plaza Third Addition to allow a 12,765 square foot multi-tenant office/retail building. The proposed building would be located on Freeport Avenue between the Elk River Star News building and Dolphin Car Wash. The applicant would occupy approximately 6,000 square feet of the building with his printing/embroidery business and lease out the remaining 6,765 square feet. Mr. Harlicker reviewed the letter from Elizabeth Harris, . . . Planning Commission Minutes November 25, 2003 Page 2 General Manager of the Elk River Star News & Shopper, indicating their support for the relocation of the entrance and sharing this access with the R & D Sales site. Mr. Harlicker reviewed the access and parking layout, landscaping, and building elevations. He noted that the landscaping plan needs to be revised to better comply with the ordinance requirements. Staff recommends approval of the request with the conditions listed in the staff report to the Commission dated November 25, 2003. Commissioner Franz asked if the building elevations meet the City's standards. Mr. Harlicker stated that there were no standards established for this Poo, but that the building's exterior complies with the City's C3 Commercial standards. Chair Pederson stated he did not feel the site could accommodate the number of trees required by code. He asked if the Arborvitae could be considered in the number of trees. Ms.McPherson stated that Arborvitae is actually a shrub, although some do grow as large as trees. Mr. Harlicker stated that credit could also be given if the applicant installed larger trees. Chair Pederson opened the public hearing. Rich Schulz, applicant, stated that the proposed building will have a shingled roof and will be designed to make a good transition between the residential area and commercial businesses. He noted that he plans to occupy the building by July 1, 2004. Mr. Schulz explained that that he and the Star News decided to share a driveway due to the dangerous situation that currently exists on this curved section of Freeport Avenue. Mr. Schulz explained that there would be less parking needed for the Star News in the future, since the courier business that is currendy operating out of the basement of the Star News building will be leaving. Mr. Schulz noted that John Oliver and Associates has provided the drainage calculations requested by City Engineer T eny Maurer. He stated that the revised plans show the location of the dumpster on the rear of the property as suggested by staff. Mr. Schluz stated that it would be vety difficult to plant 23 trees on the site, due to the constraints on the property that include a sewer service line in the back of the property and the power lines. He explained that it would be difficult to plant trees near the Dolphin Car Wash property, since their paved surface is only 10 feet off the property line. Mr. Schulz discussed the number of trees on other properties in the Elk River Plaza Poo, noting that there are substantially fewer trees on other sites and they do not meet code. Commissioner Lemke asked for clarification on Mr. Schulz's business. Mr. Schulz explained. There being no further public comment, Chair Pederson closed the public hearing. Commissioner Anderson stated that he was confident that staff and the applicant could resolve the landscaping issue. He expressed his support for Mr. Schulz's proposal. Commissioner Franz concurred with Commissioner Anderson. Chair Pederson stated that the site constraints limit the number of trees which can be placed on the property. He stated that given the sewer line, and the power lines, he felt that large overstoty trees are not a good idea. He agreed with the applicant that other businesses in the area have vety lime landscaping. . . . Planning Commission Minutes ~over.nber25,2003 Page 3 COMMISSIONER LEMKE MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY R & D SALES FORA CONDITIONAL USE PERMIT TO AMEND THE ELK RIVER PLAZA PLANNED UNIT DEVELOPMENT TO ALLOW A MULTI-TENANT BUILDING WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 2. A CROSS-ACCESS AGREEMENT BETWEEN THE APPLICANT AND THE STAR NEWS BE RECORDED AGAINST BOTH PROPERTIES. 3. A REVISED LANDSCAPE PLAN BE REVIEWED AND APPROVED BY STAFF. 4. THE PARKING SPACE AT THE NORTHWEST CORNER OF THE WEST WING OF THE BUILDING BE ELIMINATED. 5. THE DUMPSTER LOCATION BE SHOWN ON THE SITE PLAN AND BE CONSTRUCTED OF MATERIAL SIMILAR TO THAT OF THE BUILDING. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. Commissioner Stevens rejoined the Commission at this time. 5.2. Request by Christopher and Vicki Szews for a Conditional Use Permit to operate a Montessori School. Public Hearing - Case No. CO 03-31 The staff report for this request was presented by Planner Chris Leeseberg. Christopher and Vicki Szews request a conditional use permit to operate a Montessori School at 19277 Vernon Street (Meadowvale Commercial Park). Mr. Leeseberg noted that the applicant is proposing to have 12 full-time employees and 125 students, with no more than 100 students in the building at one time. An outdoor play area will be located directly east of (behind) the building. Hours of operation will be 6:45 a.m. to 6:00 p.m. The applicant is proposing that the south access will be for entering only and the north access will be for exiting only, in order to minimize vehicle congestion onto Vernon Street. The site plan shows 21 parking stalls which meets the ordinance requirements. Staff recommends approval of the request with the six conditions listed in the staff report. Chair Pederson opened the public hearing. Vicki Szews, applicant, stated that there are actually 40 parking stalls on site, noting that the parking lot was expanded last year. Commissioner Franz asked if there would be school buses coming to the site. MS. Szews noted that there will be one bus in the morning and one in the afternoon. She stated that the signs are up identifying the accesses as Enter Only and Exit Only. She noted that all building and fire code issues will be addressed as part of the State licensing requirements and that the State will determine how many students she will be allowed to have. Chair Pederson asked if there currently is a preschool on site. Ms. Szews stated yes and noted that there are approximately 6 - 7 cars at most, entering or leaving the site at one time. She stated that she plans to stagger her classes around Meadowvale School's operating schedule in order to reduce the traffic impacts. Commissioner Anderson suggested that a right-in right-out CONDmON AT county Road 1 would help alleviate traffic issues and asked if the City Engineer had any concerns. Ms. Planning Commission Minutes November 25, 2003 Page 4 . Szews stated that with the staggered class times, this should not be an issue. Mr. Leeseberg stated that the City engineer had no comment on this issue, but that he would check with him before the City Conncil review on December 15th. Commissioner Stevens stated that he was aware that the traffic was quite heavy in this area when the preschool let out. Ms. Szews noted that there are 60-80 preschool students at the existing preschool and that there is no childcare provided before or after, so all the students are coming and leaving at the same time. She explained that her school will offer 3 different class times, and she will offer childcare before and after school so parents will be coming and leaving at different times. Rich Schulz, owner of the property, stated that he is the owner of the subject property and that an additional 19 parking stalls were recently added. He reviewed the traffic flow on the site. There being no further public comment, Chair Pederson closed the public hearing. COMMISSIONER STEVENS MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY CHRISTOPHER AND VICKI SZEWS FORA CONDITIONAL USE PERMIT TO OPERATE A MONTESSORI SCHOOL WITH THE FOLLOWING CONDITIONS: . 2. 3. 4. 5. 6. 1. IF MORE EMPLOYEES AND/OR STUDENTS ARE TO BE ADDED WHICH RESULTS IN ADDITIONAL PARKING PER THE ORDINANCE, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. "ENTER ONLY" SIGNS SHALL BE PLACED AT THE SOUTH ENTRY OFF OF VERNON STREET WITH "DO NOT ENTER" SIGNS ON THE BACK OF EACH "ENTER ONLY" SIGNS. "EXIT ONLY" SIGNS SHALL BE PLACED AT THE NORTH EXIT ONTO VERNON STREET. THE BUILDING SHALL COMPLY WITH ALL APPLICABLE BUILDING CODES. THE BUILDING SHALL COMPLY WITH ALL APPLICABLE FIRE CODES. THE APPLICANT SHALL MAINTAIN A STATE LICENSE FOR THE FACILITY. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5.3. Request by Patrick and Deborah Holzem for Land Use Map Amendment to Include Property in Urban Service Area. Public Hearing - Case No. LU 03-03 . Senior Planner Scott Harlitker presented the staff report for this item. Patrick and Deborah Holzem have requested an amendment to the Comprehensive Land Use Plan to include their property (216 acres) in the Urban Service District. The subject property is located on the east side of Davis Street, north of 193rd Avenue and east of Twin Lakes Road The property is currently zoned R1a, Single Family Residential and has a land use of LR, Low Density Residential. Staff recommends denial of this request based on a recent analysis that the ultimate development of properties currently in the Urban Service Area will use up the . . . Planning Commission Minutes November 25, 2003 Page 5 current capacity of the treatment facility. Staff does not believe any additional property should be included in the Urban Service Area until a more detailed engineering study is conducted to determine the feasibility of providing greater treatment capacity. Also, staff feels it would be premature to expand the Urban Service Area until the properties adjacent to the applicant's property are developed. Chair Pederson read a letter from the Holzem's explaining their request, and stating that they were unable to attend the meeting. Chair Pederson opened the public hearing. Lavonne Nordeen, 18681 develand Street, stated that she will not be petitioning to have her property included in the Urban Service Area. She asked if her property would be assessed, and also if utilities were going to be put in under County Road 40. Ms. McPherson explained that the County prepared options to realign County Road 40 which required the Gty to acquire the right-of-way. The Gty Council determined that it does not have the money to accomplish this at this time. She stated that she is not sure if the utilities will be put in under County Road 40 and explained how they would need to be looped. Ms. McPherson explained that Mr. Foster has spoken with Gty staff regarding developing the southern parcel, but this is not likely to occur until at least late 2004. She stated that the Miske property is not yet being developed. Ms. McPherson explained that if the City decided to expand the Urban Service Area, it would not just expand it by including one property, but would likely include a larger area. She stated that the Comprehensive Task Force looked at including the property in an Urban Reserve but decided to take it out, since it is unsure if the Gty has the capacity to serve all the areas already in the Urban Service Area. If the Holzem property were to be included in the Urban Service Area, a study would be done for a larger area, which may include Ms. Nordeen's property but it would not be assessed at that time. There being no further public comment, Chair Pederson closed the public hearing. Commissioner Stevens stated that based on the unknown, it would be premature to expand the Urban Service District at this time, until an engineering study can be completed. COMMISSIONER OFFERMAN MOVED TO RECOMMEND DENIAL OF THE REQUEST BY PATRICK AND DEBORAH HOLZEM TO INCLUDE THEIR PROPERTY IN THE URBAN SERVICE DISTRICT BASED ON THE FOLLOWING FINDINGS 1. THE UPDATED COMPREHENSIVE PLAN DOES NOT INCLUDE THE PROPERTY IN THE URBAN SERVICE DISTRICT. 2. AN ANALYSIS BY THE CITY ENGINEER SHOWS THAT THE ULTIMATE DEVELOPMENT OF PROPERTIES CURRENTLY IN THE URBAN SERVICE AREA WILL USE UP THE CURRENT CAPACITY OF THE TREATMENT FACILITY. 3. THE CITY HAS NOT COMPLETED AN ENGINEERING STUDY TO DETERMINE THE FEASIBILITY OF PROVIDING GREATER TREATMENT CAPACITY. COMMISSIONER STEVENS SECONDED THE MOTION. THE MOTION CARRIED 7-0. . . . Planning Commission Minutes November 25, 2003 Page 6 6. Other Business 6.1. Update on 11/17/03 CityO>tUlcilMeeting Q>Inmissioner Anderson provided an update on the November 17, 2003 City Council meeting, in place of Chair Pederson. 6.2. Discuss Recommendation to the Council Regarding Development Moratorium to Allow Comprehensive Plan Implementation Director of Planning Michele McPherson reviewed the City Council's concerns regarding implementation of the Comprehensive Plan. She noted that a special joint meeting of the Planning Commission and Park and Recreation Commission has been scheduled for December 9,2003 to discuss a number of official controls that need to be considered during the implementation phase of the Comprehensive Plan. 6.3. Consider Draft Transportation Plan Director of Planning Michele McPherson noted that the Planning Commission is asked to conduct a public hearing on the draft Transportation Plan. COMMISSIONER ANDERSON MOVED TO CALL A PUBLIC HEARING TO CONSIDER THE DRAFT TRANSPORTATION PLAN ON DECEMBER 16,2003 AT 6:30 P.M. AT LIONS PARK CENTER. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 7-0. 8. Adiournment There being no further business, COMMISSIONER ANDERSON MOVED TO ADJOURN THE MEETING. COMMISSIONER LEMKE SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the Elk River Planning Commission adjourned at 8:00 p.m. Respectfully submitted, [)Jk ~ Debbie Huebner Recording Secretary-