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01-27-2004 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT LIONS PARK CENTER TUESDAY, JANUARY 27,2004 Members Present: Chair Pederson, Commissioners Lemke, Offerman and Stevens. Commissioners Ropp and Franz arrived at 6:31 p.m. Members Absent: Commissioner Anderson Staff Present: Michele McPherson, Director of Planning; Scott Harlick.er, Senior Planner; Chris Leeseberg, Planner; 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 6:30 p.m. by Chair Pederson. 2. Consider 1/27/04 Planning Commission Agenda COMMISSIONER STEVENS MOVED TO APPROVE THE JANUARY 27,2004 PLANNING COMMISSION AGENDA. COMMISSIONER LEMKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider 12/16/04 Planning Commission Minutes COMMISSIONER STEVENS MOVED TO APPROVE THE DECEMBER 16, 2003, MINUTES WITH THE FOLLOWING CORRECTIONS: 1. COMMISSIONER ANDERSON WAS ABSENT 2. THE MEETING WAS CALLED TO ORDER BY VICE-CHAIR ROPP COMMISSIONER LEMKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. Commissioners Franz and Ropp arrived at this time (6:31 p.m.) 4. Planning Commission Representative to Attend City Council Meeting Commissioner Stevens will attend the February 18, 2004 City Council meeting. 5.1. Request by NRG Energy. Inc. for Conditional Use Permit Renewal for RDF Plant. Public Hearing - Case No. CD 03-37 5.2. Request by Great River Energy for Conditional Use Permit Renewal for Solid Waste Facility. Public Hearing - Case No. CD 03-38 Building & Environmental Administrator Stephen Rohlf presented the staff report for these items. Mr. Rohlf reviewed the history of the original permits for NRG Energy, Inc. and Great River Energy, noting that the permit life has been extended from two years to four . . . 5.4. 5.5. 5.6. Planning Commission Minutes January 27,2004 Page 2 years. He explained that the City Council will consider both the Conditional Use Permits (CUP's) and Solid Waste Facility Licenses for these two facilities, and that the Planning Commission is only officially charged with the review of CUP's. Since modifications to the language in the cup's are being proposed, a public hearing is required. Mr. Rohlf then reviewed the proposed changes to NRG's CUP regarding ash, landscaping, normal business hours, and transporting on Fridays and the day prior to a holiday weekend between the hours of 4:00 pm. to 6:00 p.m. He then reviewed changes to Great River Energy's CUP regarding the interrelation between GRE and NRG's permits, hours of hauling on Fridays and the day prior to a holiday weekend, and ash. Chair Pederson opened the public hearing. Bill Helliwell of NRG Energy, Inc. , discussed the proposed changes. He explained that they would like to do a demonstration project using ash. Mr. Helliwell noted that they are open for tours most any time. Commissioner Lemke asked for clarification on staff's recommendation regarding hours of operation on Fridays and the day prior to a holiday weekend. Mr. Rohlf explained that Highway 10 is a U.S. Trunk Highway and if the highway is busy, he did not feel the extra truck traffic would be noticeable. Chair Pederson stated that he had not problem with approving either of the CUP renewals. Commissioner Stevens concurred, noting that he has toured both facilities and found them . . lffipreSSlve. MOTION BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER FRANZ TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT RENEWALS FOR NRG ENERGY, INC. , CASE NO. CU 03-37, AND GREAT RIVER ENERGY, CASE NO. CU 03-38, SUBJECT TO THE TERMS AND CONDITIONS AS RECOMMENDED BY STAFF IN THEIR REPORT DATED JANUARY 27,2004. MOTION CARRIED 6-0. 5.3. Request by Morcon Real Estate and Development. LLC to amend the Land Use for certain property from MR (Medium Density Residential) to HB (Highway Business). Public Hearing - Case No. LU 03-05 Request by Morcon Real Estate and Development. LLC. For Rezoning of Certain Property from R1c (Single Family Residential) to PUD (planned Unit Development). Public Hearing - Case No. ZC 03-07 Request by Morcon Real Estate and Development. LLC for Preliminary Plat Approval 9 Elk Ridge Center). Public Hearing - Case No. P 03-16 Request by Morcon Real Estate and Development. LLC for a Conditional Use Permit for a Commercial PUD. Public Hearing - Case No. CO 03-36 Director of Planning Michele McPherson introduced David Pertl, developer for the proposed Elk Ridge Center project. Mr. Pertl reviewed the project location and overall proposed development. . . . Planning Commission Minutes January 27, 2004 Page 3 Mr. Pertl introduced Marie Cote, Traffic Engineer. Ms. Cote reviewed the existing conditions Qevels of service) at key intersections. She discussed traffic forecasts with a 3.5% growth rate, noting that 572 trips per day are proposed to be generated by the proposed development. Ms. Cote explained that the year 2006 build conditions include additional site access locations, the extension of Holt Street north along the east side of the proposed development, and the realignment of 197th Avenue/Irving Street, with the Holt Street extension as the south approach. She noted that the analysis of the proposed level of service indicates that all intersections are within the acceptable range including peak hours. Ms. Cote stated that MnDOT's Corridor Management Plan includes the upgrade of Highway 169 through Elk River to a freeway facility. Recommendations also include a future interchange at 169/Jackson Street/197m Avenue intersections. She noted that future studies will be conducted and that MnDOT maintains that it is too early for official comment on the project. Ms. Cote concluded that based on the study, all key intersections will continue to operate at acceptable levels of service and that the proposed development does not adversely affect the surrounding roadway network. She noted that an interchange at 169/197m Avenue does have some minor impacts to the development, but that MnDOT felt they have made a reasonable attempt to provide a workable solution. Mr. Pertl introduced Daniel Green, Architect for the project who provided an overview of the proposed site layout, landscaping design, and architectural character. He noted that the Morcon will be providing long-term ownership and management of the project. Commissioner Stevens asked how much the berm would be cut down at the southeast boundary. Mr. Green stated that most of the berm would need to be maintained. He explained where trees and green space would be left. Commissioner Offerman asked what would happen if MnDOT built a split diamond interchange at 197th Avenue. Mr. Green stated that there would need to be some realignment of the road and that the north site (bankd) would likely be consumed by the interchange project. Ms. Cote noted that MnDOT has approved the location of Holt Street and that the intersection location at 197th Avenue does work. Ms. McPherson presented the staff report at this time. She stated that Morcon is requesting a land use amendment to Highway Business, a rezoning to Planned Unit Development (PUD), a conditional use permit for a PUD, and prelimin:uy plat approval for seven lots for Elk Ridge Center. The property is 18 acres in area and is located in the southwest comer of the intersection of 197th Avenue and Highway 169. Ms. McPherson reviewed the existing site conditions and surrounding uses, noting that the natural low spot on the property will be utilized for storm water detention. She stated that the property has not been assessed for sewer and water. Ms. McPherson reviewed the land use amendment and rezoning requests She explained that traffic issues for this site have changed and that the property has good highway visibility. She stated that utilities can be extended to serve the site without impacting the neighboring residential areas. Issues associated with the conditional use permit request were reviewed by Ms. McPherson including: components of the PUD, layout of the buildings, streets and parking, landscaping . . . Planning Commission Minutes January 27,2004 Page 4 and signage. She noted that a lighting plan needs to be provided and a revised tree preservation plan to reflect the trees that actually will be saved should be submitted. The applicant will be required to obtain the necessary wetland permits for the two small wetlands prior to commencing grading. The drainage plan consists of 2 ponds which will hold back-to-back lOO-year rainfall events and one pond which outlets under Highway 169. Ms. McPherson noted that the applicant needs to revise the drainage calculations as addressed in the City Engineer's memo. Also, a maintenance plan must be submitted regarding infiltration rates for the ponds and how the rate will be maintained in the future. Ms. McPherson explained that staff met with MnDOT on January 12, 2004 and that MnDOT is interested in moving the Highway 169 Study to the next level. An Environmental Impact Study (EIS) will need to be completed and a decision made as to which properties will need to be acquired. She noted that the study may include all of Highway 169 from the Mississippi River (Highway 101) up to Princeton. Currently, MnDOT is drafting a Scope of Services and proposes to hire a consultant in late fall of 2004. She noted that the EIS will likely take up to two years to complete, and only then could MnDOT or the City begin the process of acquiring property. She noted that the City has no money budgeted for property acquisition. Ms. McPherson stated that these steps need to occur so that if and when money should become available for MnDOT to do a project, they and the City will be prepared. Ms. McPherson explained that preliminary plat consists of 7 lots ranging in size from 1.02 acres to 3.73 acres. Holt Street will function as a service road along Highway 169 and will connect with the existing Holt Street at 194m Avenue and be extended to intersect with 197m Avenue. She noted that the Park and Recreation Commission recommended cash for the park dedication requirement. Staff recommends approval of the requests by Morcon based on the findings and conditions listed in the staff report. Chair Pederson opened the public hearing. John Polden, 11751196th Avenue, stated that he was told by a MnDOT representative that they plan to construct a underpass or overpass at Main Street in two years, and one at 197m Avenue in 1 - 5 years. Chair Pederson stated that based on Ms. McPherson's meeting with MnDOT in January, that is not the case. Mr. Polden expressed his concern that the proposed development will bring people into the residential neighborhood that would not otherwise travel through it. He stated that he was concerned about the ponds. Leanne Brown, 19737 Lowell, expressed her opposition to the proposed development. She stated that she did not receive the notices of meetings. Mr. Pertl stated that even though she did not receive a mailed notice, she was in attendance at all the meetings and that they have listened to her comments. Ms. Brown stated that she did not feel Elk River needed any more Class II or small restaurants and that Elk River residents are looking for something different. She stated that she did not see any difference between this development and Elk Park Center. Tom Halbakken, 11744 194th Avenue, stated that he was concerned about traffic and that it is difficult now to get in and out of the neighborhood. He did not feel there were enough streets to accommodate the traffic and that the sharp turn by the bank onto 197m Avenue was not acceptable. . . . Planning Commission Minutes January 27,2004 Page 5 Ted Travica, 19702 Irving Street, stated that he lives on the comer opposite Oudot A of Brentwood. He asked that the Commission be aware of the needs and concerns of the residents. He stated that he did not receive notification that the first meeting was cancelled. Mr. Travis expressed his concern that property values would be affected, that the uses of the proposed sites within the plat have not been identified, and the elimination of the natural buffer. He did not feel the Holt Street proposal would work. He asked that the Commission review the plan carefully. Gary Weiss, 19815 Irving Street, stated that motorists are now traveling through the neighborhood to bypass the stoplights on Highway 169 and that the traffic has increased significantly. He expressed his concern with the Jackson Street/Holt intersection. Dale Miller, 11795 196th Avenue, stated that traffic is a major issue, especially with trucks and parking in the street. There being no further public comment, Chair Pederson closed the public hearing. Commissioner Lemke suggested that the northerly lot be dedicated as right-of-way now for the interchange. Ms. McPherson explained that the City has no statutory authority to require the developer to dedicate the property for right-of-way at this time. He asked who would pay for the realignment and extension of Holt Street. She stated that the developer would be required to pay for the improvements. Commissioner Lemke asked why the City is not requiring four lanes on Holt. Ms. McPherson stated that it is MnDOT's intent to turn Holt Avenue into a frontage road for southbound traffic only. She stated that she felt once the study is done, the Simonson's site may be taken and the frontage road moved closer to Highway 169 than it is proposed now. Commissioner Lemke asked if Holt could be widened later. Ms. McPherson stated that the City Engineer feels there is adequate right-of- way if that becomes necessary-. A resident in the audience asked what would happen to St. Andrew's cemetery. Ms. McPherson stated that it is very difficult to acquire cemetery property and that MnDOT would do whatever it could to avoid the cemetery. Commissioner Lemke asked staff to define a Class I restaurant. Ms. McPherson explained that a Class I restaurant takes orders from and serves meals to patrons seated at a table. She stated that since this request is for a PUD, the Commission could eliminate Class II restaurants as a use within the PUD. Commissioner Lemke asked if it would be possible to close the Jackson A venue/Holt Street intersection. Ms. McPherson stated that this would force residents onto Highway 169 to make a local trip. Commissioner Stevens stated that he did not feel the proposed development was anything like the box-style of Elk Park Center. He stated that he likes the landscaping, and the design of Holt Street. He stated he felt that a commercial use was the best fit for this site. Commissioner Offerman asked if there was anything the City could do to reduce the future financial impact of acquiring the lot proposed for a bank. Ms. McPherson stated that an option would be to come to an agreement with the applicant to build a less expensive building. Commissioner Offerman stated that there were already a number of banks along Highway 169, and that there is probably a better use for the northerly lot. He noted that he Planning Commission Minutes January 27,2004 Page 6 . . . . . . . . . . . . 6.1. . did not feel banks require highway visibility. Mr. Offerman stated that he had concerns regarding the queuing of traffic at the Holt and Jackson intersection. He stated that he is in favor of the theme of the development and the proposed amenities, but that the traffic issues still need to be addressed. Commissioner Ropp stated that he felt highway visibility may be important for a bank and that everyone likes to have their own bank in town. Ms. McPherson stated that banks could be eliminated from the PUD if the Commission wished to make that recommendation. Commissioner Ropp stated that he was in favor of the concept plan and felt the design was unique. He felt Highway Business was the appropriate use for the property, but that he also had concerns regarding traffic. Commissioner Franz stated that he is also aware of the traffic concerns, even though the draft transportation plan recognizes this area as future highway business. He stated that he could not recommend approval of the request, based on the existing traffic issues. Chair Pederson offered the following comments: The proposed commercial zoning is appropriate. The site design was well thought-out. The traffic would move well with the construction of the frontage road. He was in favor of the site amenities. The Draft Comprehensive Plan identifies the site for commercial use. More commercial areas are needed for the projected 35,000 resident future build out of Elk River. He felt a bank in the proposed location was appropriate, noting that a bank in downtown will need to relocate if the downtown redevelopment project proceeds. There is a need for fine dining and was comfortable with excluding Class II restaurants in the PUD. The overall improved design of the project would be a nice addition to the neighborhood. Funneling traffic off Irving onto Holt makes sense. MOTION BY COMMISSIONER STEVENS AND SECONDED BY CHAIR PEDERSON RECOMMEND APPROVAL OF THE REQUEST BY MORCON REAL ESTATE AND DEVELOPMENT, LLC TO AMEND THE LAND USE FROM MR (MEDIUM DENSITY RESIDENTIAL) TO HB (HIGHWAY BUSINESS), 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 SECONDED THE MOTION. THE MOTION FAILED 3-3. Chair Pederson, Commissioner Stevens and Commissioner Ropp voted in favor of the motion. Commissioners Franz, Lemke, and Offerman opposed. Update on 1/20/04 City Council Meeting Commissioner Franz provided an update on the January 20, 2004 City Council meeting. . . . Planning Commission Minutes January 27,2004 Page 7 8. Adiournment MOTION BY COMMISSIONER STEVENS AND SECONDED BY COMMISISONER ROPP TO ADJOURN THE MEETING. MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at 8:45 p.m. Respectfully submitted, IJJI.u ~ Debbie Huebner Recording Secretary