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08-24-2004 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, AUGUST 24, 2004 Members Present: Chair Ropp, Conunissioners Anderson, Curtis, Lemke, Offerman, Pederson and Stevens Members Absent: None Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner; Chris Leeseberg, Planner; Stephen Rohlf, Building & Environmental Administrator; Rebecca Haug, Environmental Technician; Debbie Huebner, Recording Secretary 1. Call Meeting To Order 2. Pursuant to due call and notice thereof, the meeting of the Elk River Planning Conunission was called to order at 6:30 p.m. by Chair Ropp. Consider 8/24/04 Planning Conunission Agenda MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER CURTIS TO APPROVE THE AUGUST 24, 2004 PLANNING COMMISSION AGENDA WITH THE FOLLOWING CHANGES: ITEM 5.2. - CASE NUMBER SHOUlD BE - CU 04-23 ITEM 6.1. - UPDATE ON AUGUST 16,2004 CITY COUNCIL MEETING BY COMMISSIONER LEMKE ITEM 6.2. - DELETE MOTION CARRIED 6-0. 3. Consider 7/27/04 Planning Conunission Minutes MOVED BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER OFERMAN TO APPROVE THE JULY 27, 2004 MINUTES. MOTION CARRIED 6-0. 4. Planning Conunission Representative to Attend September City Council Meeting Conunissioner Anderson will attend the September 20, 2004 City Council meeting. 5.1. Consider Resolution for TIP District No. 22 for Downtown Revitalization Project - Catherine Mehelich Director of Economic Development Catherine Mehelich provided a brief overview of the proposed Downtown Revitalization Project. She explained that the City Council will hold a public hearing regarding the Tax Increment Financing (TIF) Plan for the project. Prior to adopting of the TIP plan, the Planning Conunission must determine that the Plan conforms to the general plan for the development or redevelopment of the city as a whole. . . . Planning Commission Minutes August 24, 2004 5.2. Page 2 Staff recommends approval of the resolution as presented. MOTION BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER CURTIS TO APPROVAL RESOLUTION NO. 04-01, A RESOLUTION FINDING A TAX INCREMENT FINANCING PLAN FOR DOWNTOWN PHASE I TAX INCRMENT FINANCING DISTRICT NO. 22 CONFORMS TO mE GENERAL PLANS FOR THE DEVELOPOMENT AND REDEVELOPMENT OF mE CITY. MOTION CARRIED 6-0. Request by Schuer. Inc. for Conditional Use Permit for Mineral Excavation. Public Hearing - Case No. Cu 04-23 Rebecca Haug, Environmental Technician, provided an overview of the mining project proposed by Schuer, Inc. to mine an additional 5.5 acres of their existing mining site. She noted that they are proposing to excavate 15 feet below the ground water elevation using a dragline, and that the site will not be dewatered. Ms. Haug reviewed issues associated with the project including traffic, groundwater, wedands, and setbacks. She also reviewed the comments from Liesch Associates, Matt Ledvina of Natural Resource Group, Inc., and the Wedand Conservation Act Decision for the project. Staff recommends approval of this request under the conditions contained in conditional use permit attached to the staff report dated August 24, 2004. Commissioner Stevens asked for clarification for the term "perched". Ms. Haug explained. Chair Ropp opened the public hearing. There being no public comment, Chair Ropp closed the public hearing. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY SCHUER, INe. FOR A CONDITIONAL USE PERMIT FOR MINERAL EXCAVATION, CASE NO. CU 04-23, WIm mE CONDITIONS OUTLINED IN THE CONDITIONAL USE PERMIT PREPARED BY STAFF; AND TO INCLUDE mE FOLLOWING CONDITION: L. NO DEWATERING WILL OCCUR FOR MINING ON THE SITE. MOTION CARRIED 6-0. 5.3. Request by J & B Mining for Conditional Use Permit for Mineral Excavation and Peat Mining. Public Hearing - Case No. CO 04-21 Request by J & B Mining for Rezoning from A1 (Agricultural Conservation) to ME (Mineral Excavation Overlay). Public Hearing - Case No. ZC 04-08 5.4. Building & Environmental Administrator Steve Rohlf explained the request by J & B Mining to mine 39.42 acres of a 60.23-acre site. He explained that 1,190,000 cubic yards of material are proposed to be mine, one-third of which will be peat. J & B Mining proposes to excavate 40 feet below the ground water elevation using a dragline. Mr. Rohlf explained that restoration and wedand mitigation of this site and the Schuer, Inc. site are tied together. Mr. Rohlf reviewed issues associated with the request regarding traffic, groundwater, wedands, and setbacks. He also the reviewed the Environmental Assessment Worksheet, Wedand Conservation Act Decision, and comments by Matthew Ledvina of Natural Resource . . . Planning Commission Minutes August 24, 2004 Page 3 Group, Inc. on the project. Staff recommends approval of the request under the conditions in the conditional use permit attached to the staff report dated August 24, 2004. Ms. Haug explained the request by J & B Mining for a rezoning of the proposed mining area from A1 (Agricultural Conservation) to ME (Mineral Excavation Overlay). She stated that staff recommends approval of the rezoning based on the findings listed in the staff report dated August 24, 2004. Commissioner Offerman asked if it would be appropriate to add a condition regarding no dewatering to this conditional use permit, as well. Mr. Rohlf stated yes. Mr. Rohlf explained the dragline process that would be used to mine. He noted that if the applicant requested approval for dewatering, a new review process would be required. Commissioner Offerman asked if the construction on Highway 169 is related to this request. Mr. Rohlf stated no, and explained that the new access construction is for a new mining operation in Livonia Township. He stated that the applicant will use the existing access. Commissioner Stevens asked how often the mining operations are inspected. Mr. Rohlf stated that they are inspected prior to work commencing, and then once a year or if a spill occurs. He noted that they have the right to inspect at the Landfill at any time, but that they usually inspect it in early June. Commissioner Ropp asked what kind of assurance the City has that no dewatering will occur and what mechanism is in place to alert the City if it does. The consultant for the project explained that in addition to the monitoring, they have done soil borings to determine whether or not the water table is perched. He explained that while the mining is taking place, the wells are monitored monthly for contaminants, but also to monitor the water level. Chair Ropp opened the public hearing. There being no public comment, Chair Ropp closed the public hearing. Commissioner Stevens stated that he had no issues with the request, but that he would like to see the City take a proactive approach and set up inspections ahead of time. Commissioner Offerman stated his support for approval of the conditional use permit and rezorung. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER STEVENS TO RECOMMEND APPROVAL OF THE REQUEST BY J & B MINING FORA REZONING OF CERTAIN PROPERTY FROM A1 (AGRICULTURAL CONSERVATION) TO ME (MINERAL EXCAVATION OVERLAY). MOTION CARRIED 6-0. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY J & B MINING FORA CONDITIONAL USE PERMIT FOR MINERAL AND PEAT EXCAVATION, CASE NO. CU 04-21, WITH THE CONDTIONS OUTLINED IN THE CONDITIONAL USE PERMIT PREPARED BY STAFF; AND TO INCLUDE THE FOLLOWING CONDITION: . . . Planning Commission Minutes August 24, 2004 Page 4 L. NO DEWATERING WILL OCCUR FOR MINING ON THE SITE. MOTION CARRIED 6-0. 5.5. Request by Vanman Architects & Builders for Conditional Use Penmt for Expansion of Existing Building. Public Hearing - Case No. CO 04-22 Senior Planner Scott Harlicker reviewed the request by Vanman Companies for a conditional use penmt to allow LeFebvre Trucking to construct a 70'x100' storage building. He discussed issues related to setbacks, building elevations, and connection to the City's sanitary sewer and water system. Commissioner Curtis asked why a 13-foot side yard setback is being proposed. Mr. Harlicker stated that the reason is based on the layout of site, and that since the site is part of the LeFebvre PUD, the setback can be allowed. He noted that the Fire Chief has reviewed the site pan and is comfortable with the distance between the two buildings. Chair Ropp opened the public hearing. There being no public comment, Chair Ropp closed the public hearing. MOTION BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE REQUEST BY VANMAN ARCHITECTS & BUILDERS FORA CONDITIONAL USE PERMIT TO EXPAND THE LEFEBVRE TRUCKING FACILITY, CASE NO. CU 04-22, WITH THE FOLLOWING CONDITIONS: 1. THE COLOR OF THE PROPOSED BUILDING SHALL MATCH THE EXISTING BUILDING. 2. THE APPLICANT SHALL HOOK-UP TO CITY WATER AND SANITARY SEWER. MOTION CARRIED 6-0. 5.6. Request by 10-24 Developers for Preliminary Approval (Wmdsor Meadows). Public Hearing - Case No. P 04-18 Planner Chris Leeseberg stated that the applicant, 10-24 Developers, have requested that their request for preliminary plat approval to subdivide approximately 64 acres into 35 single family lot cluster development be tabled to the September 28, 2004 meeting. Mr. Leeseberg stated that the public hearing would be opened for those present so that they may express their comments at this time. He reviewed the location of the property, zoning/land use, existing conditions, overview of the project, density, lot and street layout, landscaping, and park dedication recommendation. Mr. Leeseberg stated that staff has concerns regarding the following issues: . Whether or not the project establishes a theme to qualify for density bonuses . Weclands into property lines . Grading/septic issues . Easement for future road connection . . . Planning Commission Minutes August 24, 2004 Page 5 Mr. Leeseberg reviewed photographs of the Jackson Meadows development near Stillwater as an example of creating a theme. He also reviewed the road connections recommended by staff. Commissioner Lemke asked if the trails in this plat would connect to other plats. Mr. Leeseberg stated no, but there has been some discussion regarding a private trail to the north. Ms. McPherson explained the location of the trails and past history of the trails in adjacent plats. Commissioner Stevens asked where the septic system will be located and if there is adequate room for it. Mr. Leeseberg stated that the system will be located on Outlot B and that the Gty Engineer has several issues with the location of the septic system. Commissioner Stevens asked if this plat would link to Ogden Street. Mr. Leeseberg stated yes. He noted that there would be a sharp turn in the road connection. Mr. Leeseberg explained staff's proposal for location of the cul-de-sac. Chair Ropp opened the public hearing. Renee Larson, 13796 211th Avenue - Stated that she owns 10-acre piece adjacent to the proposed development. She has a concern as to how the extension of Ogden Street would affect her property if she were to develop it in the future. She also had concerns regarding the community septic system and how it functions. Ms. McPherson explained that the system would function very similar to an individual system and that the areas that are active are rotated so that some areas of the system rest for a time period. Ms. Larson asked how many homes will be on the system. Ms. McPherson stated that there will be 35 homes. Shiela Dokken, 13563 212th Avenue - Stated that she was present representing the Wmdsor Park Homeowners' Association. She stated her concerns regarding construction traffic, safety of children, lack of vegetation on the site, dust, and trees. She stated that the Homeowners' Association has a concern with the plat being named Windsor Meadows. They felt that the proposed development should be consistent with the Windsor Park addition and be required to have the same standards. Brad Erickson, 13523 212th Avenue - Felt that traffic should be re-routed to keep it out of Wmdsor Park. He asked what the Gty's long-range plans are for County Road 1 and if there any plans for controlling or stopping growth. Ms. McPherson stated that the County plans to upgrade the County Road 1 from the golf course north to the Gty limits sometime between 2005-2006. She stated that development of this area is consistent with the existing zoning, which has been in place since 1988. No changes are proposed for this area in the newly-revised Comprehensive Plan. She stated that the Gty Council has no plans for any type of development moratorium and that development will continue to be allowed in accordance with the existing land use and zoning. She noted that current Gty growth is 5 percent per year. Marquerite Wedel, 13483 212th Avenue - Asked if there has always been a plan for 212th Avenue to be a through-street. Ms. McPherson stated yes. Pam Erickson, 13523 212th Avenue - Asked if the northern roads in the plat could be developed first, to keep the construction traffic out of Windsor Park. Ms. McPherson stated that regardless of which area is developed first, someone's neighborhood will be impacted. She stated that staff will take their concerns under advisement for possible traffic calming methods. Ms. Erickson asked if the Gty was suggesting that this development use the . . . Planning Commission Minutes August 24, 2004 Page 6 theme of all white houses, as shown in the example provided by staff. Ms. McPherson stated that the photographs were provided as an example of an architectural theme. Chair Ropp stated that the public hearing would be continued to the September 28, 2004 Planning Commission meeting. Mr. Leeseberg asked for comments from the Commission regarding architectural themes. Discussion followed regarding what elements constitute a theme. Commissioner Offerman stated he did not want to design the project for the developer. Commissioner Curtis suggested looking at exterior finishes, as they do for townhomes. Commissioner Anderson did not feel it was appropriate to get that specific. He felt that a theme should have significant ties to the adjacent landscape or uses, or it could be unique in itself. Commissioner Offerman stated that the number of amenities and design standards contribute to a theme. Ms. McPherson stated that it appears the consensus of the Commission was that an architectural theme consists of a combination of elements and amenities. She felt that it is necessary for developers to illustrate a theme, as opposed to a written narrative. Commissioner Lemke asked what the City receives back when a density bonus is allowed. Ms. McPherson explained that when density bonuses are allowed, open space is permanently preserved and can be linked to other open spaces, which also provides wildlife connections. She stated that a trail should have been provided along 212m Avenue, but that they did not foresee the possibility of inter-connected trails between cluster developments. She felt that there was some merit in creating a larger loop trail and that some credit should be given for it. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER OFFERMAN TO CONTINUE THE PUBLIC HEARING FOR THE REQUEST BY 10-24 DEVELOPERS, LLC FOR PRELIMINARY PLAT APPROVAL OF WINDSOR MEADOWS, TO THE SEPTEMBER 28, 2004 PLANNING COMMISSION MEETING. MOTION CARRIED 6-0. 5.7. Request by City of Elk River for Ordinance Amendment to Land Use Regulations Regarding Signs - Section 30-866.30-991 (R1a District). 30-1562 (A1 District). and 30-1565 (AR District). Public Hearing - Case No. OA 04-02 Planner Chris Leeseberg stated that the Commission is asked to consider an Ordinance Amendment to the Land Use Regulations regarding signs. Mr. Leeseberg reviewed the details of the proposed language changes to the ordinance. Commissioner Anderson asked if Item 8 of the amendment affects non-residential uses or apartments. Ms. McPherson stated no. Chair Ropp opened the public hearing. There being no further public comment, Chair Ropp closed the public hearing. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE PROPOSED ORDINANCE AMENDMENT TO THE LAND USE REGULATIONS REGARDING SIGNS, CASE NO. OA 04-02, AS PRESENTED . . . Planning Commission Minutes August 24, 2004 Page 7 IN MODIFIED lANGUAGE DISTRIBUTED BY STAFF AT THIS EVENING'S MEETING. Commissioner Offerman asked if this amendment was initiated in response to the request for an additional development sign for Lafayette Woods. Mr. Leeseberg stated yes. Commissioner Offerman expressed his concern that there are entrance monument signs in the City that are not on arterial streets, which is in conflict with the ordinance. He stated he does not oppose more than one development sign, but that he would like to see language included that the sign must be architecturally designed and of materials that are aesthetically pleasing. He stated that he would not want to see more than on sign, if the sign is a 4'x8' plywood sign attached to two posts. Ms. McPherson stated that 4'x8' plywood signs are typically temporaty for construction or leasing purposes. She asked what the Commission's minimum expectations were, and at what point do they wish to require a certain level of signage. She stated that it would be difficult to regulate aesthetics and to incorporate that into an ordinance. Mr. Offerman stated he would like to see a distinction made between entrance monument signs and cheap plywood construction or leasing signs. Commissioner Anderson stated that he did not feel it was appropriate to legislate materials for all signage districts throughout the City. Commissioner Stevens concurred with Commissioner Offerman's comments. He stated that minimum standards should be established for uniformity of monument signs. Commissioner Lemke asked if there are any standards in place now. Ms. McPherson stated that staff reviews requests to ensure that they meet the ordinance requirements for size (square footage) and setbacks, unless they are part of a Planned Unit Development with specific standards for size, materials, and location. He asked if standards were established for these signs, would the standards apply to all signs throughout the city. Ms. McPherson stated yes. Commissioner Offerman asked why not simply make a distinction between residential entrance monument signs and other types of signs. Ms. McPherson stated that they are all "signs" . Commissioner Curtis stated that the city she is employed by recendy adopted an ordinance requiring any ground sign to be a monument sign, and to require certain standards for construction materials, such as brick, masonry, or similar to the exterior finish of the building. Ms. McPherson suggested that the Commission approve the ordinance amendment as proposed at this time, and the Commission could either tour the city or staff could provide photos of neighborhood development signs before making a decision on whether or not they wished to fine-tune the ordinance as it relates to materials. Issues such as aesthetics and minimum standards for residential, commercial and industrial developments could be discussed at the October workshop meeting and a second amendment could be processed. COMMISSIONER ANDERSON WITHDREW THE MOTION TO APPROVE. COMMISSIONER LEMKE WITHDREW THE SECOND. Planning Commission Minutes August 24, 2004 Page 8 . MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER CURTIS TO RECOMMEND APPROVAL OF THE PROPOSED ORDINANCE AMENDMENT TO THE LAND USE REGUlATIONS REGARDING SIGNS, CASE NO. OA 04-02, AS PRESENTED IN MODIFIED LANGUAGE DISTRIBUTED BY STAFF AT THIS EVENING'S MEETING. Commissioner Stevens stated that he was uncomfortable voting on a motion that the Commission plans to change. Ms. McPherson stated that the City Council has called a special meeting to deal with this issue and asked that the Commission act on it tonight. She stated that the issues could be split by acting on Item 10 and leaving Item 8 for a later date. MOTION CARRIED 4-2. Commissioners Stevens and Anderson opposed. 6.1. Update on August 16.2004 City Council Meeting Commissioner Lemke provided an update on the August 16, 2004 City Council meeting. 7. Adiournment There being no further business, MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO ADJOURN THE MEETING. MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at 8:40 p.m. . Respectfully submitted, IJ~.~ Debbie Huebner Recording Secretary .