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10-26-2004 PC MIN . . . MEETING OF THE ELK RIVER PlANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, OCTOBER 26,2004 Members Present: Chair Ropp, Commissioners Anderson, Lemke, Offerman, Scott, Stevens and Westgaard Members Absent: None Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner; Chris Leeseberg, Planner; T eny Maurer, City Engineer; 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 Ropp. 2.1. Consider 10/26/04 Planning Commission Agenda MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER WESTGAARD TO APPROVE THE OCTOBER 26,2004 PlANNING COMMISSION AGENDA WITH THE FOLLOWING CHANGE: ITEM 6.12. - MOVE TO NOVEMBER 9, 2004 SPECIAL PlANNING COMMISSION MEETING MOTION CARRIED 7-0. 2.2. Consider Consent Agenda MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE OCTOBER 26,2004 CONSENT AGENDA. MOTION CARRIED 7-0. 3. Consider 9/28/04 Planning Commission Minutes MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER ANDERSON TO APPROVE THE SEPTEMBER 28, 2004 MINUTES. MOTION CARRIED 7-0. 4. Planning Commission Representative to Attend November 15. 2004 City Council Meeting Commissioner Offerman will attend the November 15, 2004 City Council meeting. 5. Consider Resolution for TIP District No. 22 for Downtown Revitalization Project - Catherine Mehelich Director of Economic Development Catherine Mehelich explained that four new parcels are proposed to be included in the Downtown Phase I TIP District No. 22. Including these . . . Planning Commission Minutes October 26, 2004 Page 2 parcels would extend the District from Nadeau's to the City park land, in addition to Jackson Square. As a result of this change, the City Council public hearing has been rescheduled to November 1, 2004, the TIP Plan was amended, and new notices were provided to the County and School District. The Planning Commission is asked to consider a resolution which states that the revised TIP Plan conforms to the general plans for the development and redevelopment of the City. Ms. Mehelich reviewed the scope of the redevelopment project which includes a four-story building with approximately 10,000 square feet of commercial space and 60 for-sale residential units on the Bluff Block; and, a building with 10,000 square feet of commercial space and 32 rental housing units Gackson Block). Staff recommends approval of the resolution as presented. Ms. Mehelich then explained what TIP is, why cities use it, how it works, eligible uses, and the findings that must be met in order for qualification to use TIF. Commissioner Anderson asked if the TIP area can be even further expanded in the future. Ms. Mehelich explained that there is a time limit for expansion of the TIP District, depending upon the type of activity, and that for this type of project the City would have five years, or they would need to create a new district. She explained the test that was completed in order to meet the criteria for a redevelopment project, noting that this test has been completed for the entire downtown study area. Commissioner Offerman asked what the time frame was for the property to revert back to standard taxation. Ms. Mehelich sated that the time period was 25 years. At that time, it would be decertified and any new taxes would be distributed normally between the City, County, and School District. Commissioner Offerman asked if the tax rate would increase. Ms. Mehelich explained that the tax rate is frozen but if tax rates increase, the benefits go to the jurisdictions. Ms. Mehelich then explained that City would capture funds to recover costs for redevelopment of the area including the donation of the Jackson block property, SAC and WAC reduction, attorney and consultant fees, converting the King Avenue and the Municipal Utilities site to parking, etc. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER STEVENS TO APPROVE RESOLUTION NO. 04-04, A RESOLUTION OF THE CITY OF ELK RIVER PLANNING COMMISSION FINDING THAT MODIFICATION THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.1 AND A TAX INCREMENT FINANCING PlAN FOR DOWNTOWN PHASE I TAX INCREMENT FINANCING DISTRICT NO. 22 CONFORMS TO THE GENERAL PlANS FOR THE DEVELOPMENT AND REDEVELPMENT OF THE CITY. MOTION CARRIED 7-0. 6.1. Request by Fischer Sand & Aggregate, LLC/ Associates Investors of Elk River, Inc. for Land Use Amendment to Change the Land Use of Certain Property from LI (Light Industrial) to HB (Highway Business), Public Hearing - Case No. LU 04-04 6.2. Request by Fischer Sand & Aggregate, LLC/ Associated Investors of Elk River, Inc. to Rezone Certain Property from BP (Business Park) to PUD (planned Unit Development), Public Hearing - Case No. ZC 04-09 . . . Planning Commission Minutes October 26, 2004 Page 3 6.3. Request by Fischer Sand & Aggregate, LLC/ Associated Investors of Elk River, Inc. for Preliminary Plat Approval (Elk River Crossing 6th Addition), Public Hearing - Case No. P 04-22 6.4. Request by Fischer Sand & Aggregate, LLC/ Associated Investors of Elk River, Inc. for Conditional Use Permit to Amend PUD Agreement, Public Hearing - Case No. CD 04-33 Director of Planning Michele McPherson reviewed the requests by Fischer Sand & Aggregate and Associated Investors of Elk River for a land use amendment, rezoning, preliminary plat and conditional use permit. She explained that the land use amendment is the most important issue. Staff recommends denial of the request, as it is in conflict with the City's newly adopted Comprehensive Plan and the Economic Development Strategic Plan. Ms. McPherson stated that if the Commission does support the land use amendment, then approval of the rezoning would be consistent with the land use. Ms. McPherson reviewed staff's recommendations relating to the conditional use permit and preliminary plat request regarding transportation issues and drainage. She noted that a conditional use permit will be required for each site if the land use, zone change and conditional use permit for the PUD amendment are approved, whereby the Planning Commission and Council will be able to evaluate the building designs. Ms. McPherson stated that the preliminary plat is consistent with the PUD Development standards, and noted that issues regarding setbacks, parking, and landscaping would be evaluated as part of the specific site plan review. Ms. McPherson stated that the Economic Development Authority made a recommendation for denial of the land use amendment. Chair Ropp opened the public hearing. Rick Martens, partner in the development of Elk River Business Park - Stated that he will continue to market the remainder of the property as Business Park. He explained that the industrial market and manufacturing has changed considerably in the last several years. This site is the only site suitable for an upgraded use. The other Business Park sites have sold at a much lower rate of $1.25 per square foot plus assessments. Mr. Martens explained that there is a physical and visual connection of this site to the commercial area. He felt that the proposed Maxsun Furniture building demonstrates good planning; there would be no loading dock to the north, which there would have been with an industrial use This building will have a small loading dock tucked to one side of the building. He noted that the building will be finished on three sides, and would only have been finished on two sides to meet the Business Park standards. Mr. Martens stated that two of the Economic Development Commissioners were in agreement that this site was a "gray" area and could be used either way. Mr. Martens stated that he felt the use was logical and the situation is similar in other cities, having retail and business park uses mixed together. He sited examples in Brooklyn Park and Blaine. Mr. Martens noted that most of the Tractor Supply site is already zoned commercial. The Maxsun furniture store would consist of warehousing, interior design space, offices, showroom and retail. Mr. Martens explained that even if this site were to be rezoned to commercial, they would still be 50 percent over the amount of industrial square footage they are required to develop as part of the development agreement. . . . Planning Commission Minutes October 26, 2004 Page 4 Troy Tuftco, representing Jimmy Wang of Maxsun Furniture - Stated that the Maxsun Furniture Store will be approximately 50,000 square feet and Tractor Supply will be 30,000- 35,000 square feet. He provided background information on Mr. Wang's experience and other stores. He stated that they anticipate creating the following jobs: 6 - 8 full time administrative jobs at $25,000 - $60,000/year 12 full time commissioned sales averaging $25,000/year 4 full time employees at $12-$15 per hour 8 full time employees at $10-$14 per hour Mr. Tuftco stated that Maxsun Furniture features contemporary furniture and lighting not offered in this area. He stated that the building will have lots of windows and will be finished on all sides. There being no further public comment, Chair Ropp closed the public hearing. Commissioner Stevens asked if the existing lots were buildable as they are currently configured. Ms. McPherson stated yes, that there were no hindrances to developing them as they are today. Commissioner Stevens stated that he is strongly opposed to commercial development of land designed for business park use and felt the Gty should do anything it can to nurture business park growth. Commissioner Offerman stated that he felt the applicant made some very good points to support the proposed use. He felt that the EDA made a good case as to why the property use should not be changed, but that there would still be a substantial amount of property available to the south for business park use. He stated that the Comprehensive Plan is not finite. He felt the request is within the intent of the Plan and meets the criteria for creating good jobs, etc. He stated that he would encourage businesses to come to Elk River. Commissioner Offerman asked what would happen if the lots were reconfigured and the two retail uses did not happen. Ms. McPherson explained that the land use and rezoning are effective upon publication, but that the lot configurations are not final until the final plat was recorded. Commissioner Offerman stated that he was in favor of recommending approval of the requests. Chair Ropp concurred that the applicant made a strong case for approval. He noted that the applicant has stated there still is enough business park space available to meet the buildout requirement. Ms. McPherson explained that yes, the development agreement requirements will be met, but this does not take into account the Gty's goals and objectives for business park development. Commissioner Anderson asked for clarification on the type of product offered by Tractor Supply. Ms. McPherson explained that Tractor Supply is a Fortune 500 company with over 500 stores nationwide. The company markets to hobby farmers, selling animal feed, small tractors, lawn and garden supplies, etc. Commissioner Anderson asked who owned the parcel to the north. Ms. McPherson stated that the property is owned by Associated Investors of Elk River, developers of the Wal-Mart and Home Depot sites. She noted that this is a joint application by them and Fischer Sand and Aggregate. Commissioner Anderson asked how the northern lot was impacted by the power line. Ms. McPherson stated that there is a 200 foot wide power line easement and a drainage easement on the eastern third of the property. . . . Planning Commission Minutes October 26, 2004 Page 5 Commissioner Anderson asked if Tractor Supply could locate their facility on the commercial lot as it is now. Ms. McPherson stated yes, it could physically accommodate the business, but that Tractor Supply has indicated to her that they would not be able to locate their typical prototype on the lot. Commissioner Anderson stated that he concurred with Commissioner Stevens and was not in favor of approval of the requests. He stated that he would like to see Maxsun locate a store in Elk River on another location. Commissioner Westgaard asked if the easement portion of Lot 1, Block 3 was unbuildable. Ms. McPherson stated that the easement area could be added to the Maxsun Furniture site as green space. Commissioner Westgaard stated that he would like to see how the driveways to these sites line up with Home Depot. Mr. Maurer stated that if the requests are approved, these issues would be looked at as part of the conditional use permit for each individual site. He explained that the access could be accomplished by cross access agreements between Maxsun Furniture and Tractor Supply. Commissioner Stevens stated that he felt approval of the interim uses in the past in this area allowed the" camel's nose in the tent" so to speak, and now they are faced with a request for more commercial development of land set aside for business park. Commissioner Anderson stated that the Planning Commission voted unanimously against the interim uses for the Business Park, but that the City Council decided to allow them. He stated that he felt they need to be consistent and follow the Comprehensive Plan. He stated that he could foresee expansion of the commercial uses continuing southward and slowly eroding away the land set aside for light industrial use. He stated that even though the land is attractive to commercial users because it is sitting there ready to go, he felt the City needs to wait and the right industrial user will eventually come. MOTION BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND DENIAL OF THE REQUEST BY FISCHER SAND & AGGREGATE, LLC/ ASSOCIATED INVESTORS OF ELK RIVER, INC. TO AMEND THE LAND USE FROM LI LIGHT INDUSTRIAL TO HB HIGHWAY BUSINESS. MOTION FAILED 3-4. Chair Ropp and Commissioners Lemke, Offerman and Westgaard opposed. Commissioner Lemke stated that he did not recall that the vote on the interim uses for the Business Park were unanimous. He stated that it was his understanding that the Commission voted to approve the Comprehensive Plan because of the fact that it was a guiding document. He did not feel this request was unreasonable and that it fit the general plan for the area. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE REQUEST BY FISHER SAND & AGGREGATE, LLC/ASSOCIATED INVESTORS OF ELK RIVER, INC. TO AMEND THE LAND USE FROM LI,LIGHT INDUSTRIAL TO HB HIGHWAY BUSINESS, CASE NO. LU 04-04. MOTION CARRIED 4-3. Commissioners Anderson, Stevens and Scott opposed. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE REQUEST FOR REZONING FROM BP BUSINESS PARK TO PUD, PLANNED . . . Planning Commission Minutes October 26, 2004 6.5. 6.6. Page 6 UNIT DEVELOPMENT, CASE NO. ZC 04-09. MOTION CARRIED 4-3. Commissioners Anderson, Stevens, and Scott opposed. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE REQUEST FOR PRELIMINARY PLAT APPROVAL OF ELK RIVER CROSSING 6TII ADDITION, CASE NO. P 04-22. MOTION CARRIED 4-3. Commissioners Anderson, Stevens and Scott opposed. Commissioner Offerman asked for confirmation that they would have some input on the individual sites through the conditional use permit process. Ms. McPherson stated yes, and that these sites would be subject to all of the previous standards of the Elk River Crossing PUD, as well as any new conditions the Commission may recommend when they review the site plans. MOTION BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST FORA CONDITIONAL USE PERMIT TO AMEND THE ELK RIVER CROSSING PUD AGREEMENT, CASE NO. CU 04-33, WITH THE CONDITIONS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 4-3. Commissioners Anderson, Stevens and Scott opposed. Request by River of Life Church for Interim Use Permit for Temporary Office. Public Hearing - Case No. CO 04-28 Commissioner Stevens excused himself from discussion on this item due to a conflict of mterest. Planner Chris Leeseberg stated the River of Life Church, 21695 Elk Lake Road, is requesting an interim use permit to place a portable office on the south side of their existing building. The structure is proposed to be removed in the summer of 2006. He noted that the applicant has stated that the temporary office would be no larger than 16' by 80'. Staff recommends approval of the request with the three conditions listed in the staff report. Chair Ropp opened the public hearing. Arthur Swanson, Business Administrator for River of Life Church - Asked that the Commission use a maximum square footage if they wished to restrict to size of the building. He stated that if they obtain a temporary structure from the school district, it may have different dimensions than 16'x80' (could be wider and shorter). MOTION BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER WESTGAARD TO RECOMMEND APPROVAL OF THE REQUEST BY RIVER OF LIFE CHURCH FORAN INTERIM USE PERMIT FOR A 6-0 Request by Elite Sanitation for Conditional Use Permit for Outdoor Storage. Public Hearing - Case No. CO 04-29 Senior Planner Scott Harlicker presented the staff report. Elite Sanitation requests a conditional use permit for outdoor storage of portable sanitation units. The units are pumped off site; waste is disposed of at a licensed facility, and the units are then brought . . . Planning Commission Minutes October 26, 2004 Page 7 back to the site where they are inspected, cleaned and stored for future use. Mr. Harlicker reviewed the surrounding land uses, site plan, and the proposed improvements including fencing and paving. Staff recommends approval of the request with the four conditions listed in the staff report. Commissioner Scott asked if curbing was necessaty. Mr. Harlicker stated that staff did not feel it was necessaty. Commissioner Westgaard asked if there was any possibility for contamination or runoff. Mr. Harlicker stated no, since the units have been emptied before coming back to the site and no liquids are added until they are moved to the user's site. Commissioner Stevens asked if the site abuts Lions Park. Mr. Harlicker stated no. Chair Ropp asked what is behind the site. Mr. Harlicker stated that Elk River Machine owns the property to the west and north. Commissioner Offerman asked what type of screening the City's ordinance requires in the 12 District. Mr. Harlicker stated that the ordinance is not specific, and that a conditional use permit is required so that each site may be addressed individually. Chair Ropp opened the public hearing. Ron Touchette, Rock Solid Realty, representative for the applicant - Explained that the toilets are cleaned with a soap and water mixture and deodorizer, none of which are hazardous. He noted that the units are not transported with liquid in them. He stated that they intend to match up the fence line with Elk River Machine's fence. Mr. Touchette explained where parking and paving will occur. He asked that the applicant be allowed two years to complete the improvements. Commissioner Anderson asked if there was a potential for an odor problem. Mr. Touchette stated that there is nothing left in the units when they are brought to the site. He explained that the units are cleaned and deodorized before storage and that odor is not a problem in the industry. Commissioner Anderson suggested that a condition be added to allow the applicant the requested two years to complete the improvements. Ms. McPherson stated that the ordinance already allows up to two years. Commissioner Offerman felt that screening should be considered, since the former lumberyard site could be redeveloped in the future. Mr. Harlicker suggested a stockade-type fence along 4th Street to screen the outdoor storage area. MOTION BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE REQUEST BY ELITE SANITATION FOR A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE, CASE NO. CU 04-29, WITH THE FOLLOWING CONDITIONS: 1. THE AREA OUTSIDE OF THE OUTDOOR STORAGE ARE SHALL BE PAVED. 2. THE OUTDOOR STORAGE AREA SHALL BE SURFACED WITH ClASS V OR SIMILAR MATERIAL. . . . Planning Commission Minutes October 26, 2004 6.7. 6.8. 6.9. 6.10. Page 8 3. THE OUTDOOR STORAGE AREA SHALL BE ENCLOSED WITH A FENCE. 4. NO PUMPING, STORAGE OR DISPOSAL OF WASTE MATERIAL ASSOCIATED WITH THE CLEANING OF THE UNITS SHALL BE CONDUCTED AT THIS SITE. 5. THE OUTDOOR STORAGE AREA SHALL BE SCREENED FROM 41H STREET WITH A STOCKADE-STYLE FENCE. MOTION CARRIED 7-0. Request by Riverside Properties of Elk River. LLC for Land Use Map Amendment to Change Land Use from CB (Central Business) to MR (Mediwn Density Residential). Public Hearing - Case No. LU 04-03 Request by Riverside Properties of Elk River. LLC for Rezoning from C2 (Office District) to POO (planned Unit Development). Public Hearing - Case No. ZC 04-07 Request by Riverside Properties of Elk River. LLC for Preliminary Plat Approval (Jackson Street Villas). Public Hearing - Case No. P 04-16 Request by Riverside Properties of Elk River. LLC for Conditional Use Permit for Residential POO. Public Hearing - Case No. CO 04-32 Senior Planner Scott Harlicker noted that the Land Use Amendment is no longer required since the land use change was included as part of Comprehensive Plan approval. The applicant is requesting a zone change, conditional use permit, and preliminary plat approval for a 76-unit townhouse development (Jackson Street Villas), located west of Jackson Avenue and east of Lions Park. Mr. Harlicker reviewed the surrounding land uses, access to the site, density, internal roads, parking, sidewalk locations, landscaping, ponding areas, and elevations of the proposed buildings. Staff recommends approval of the requests with findings and conditions listed in the staff report. Commissioner Stevens asked if there would be any type of barrier at the end of the private drives, besides the trees. Mr. Harlicker stated there would be curbing as well. Commissioner Stevens asked if staff felt the off-street parking was adequate. Mr. Harlicker stated that it meets the City's requirements. Commissioner Westgaard asked the City Engineer if J ackson Avenue would be widened in this location. City Engineer T eny Maurer stated that he is recommending J ackson Avenue be re-striped in this location at the developer's cost, to three lanes with the middle lane functioning as a left turn lane. Discussion followed regarding the width of Jackson Avenue, north and south of School Street. Mr. Maurer stated that re-striping of Jackson Avenue south of School Street would take into consideration the geometries of the Jackson/School Street and the Jackson/Highway 10 intersections. Chair Ropp opened the public hearing. Ken Mitchell, 12641 211th Avenue, Rivers Christian Academy representative - Asked if development of this property would affect the development of their property to the north. He stated that he was not sure the existing driveway was on the church's property or the . . . Planning Commission Minutes October 26, 2004 Page 9 applicant's property. Mr. Maurer stated that the drive is on Rivers Christian Academy's property and that it does not line up with 8th Street. He is recommending that the access be constructed on the townhome site, so that it would line up with 8th Street, and that the applicant be required to grant the Academy use of the drive through a cross access agreement. Mr. Mitchell asked at what point would they be required to close the existing driveway. Mr. Maurer stated that it would need to be closed when they develop their property. Mr. Mitchell asked if there was anything he should be concerned about that the City was aware of. Ms. McPherson stated that he should contact the developer to discuss his plans and Rivers Christian Academy's plans, and work with him on the shared access. Keith Klemp, 704 Jackson Avenue - Stated that he was concerned when this property was split off that multi-family would be constructed on the site. He was told at that time that the property was zoned C2 and would be developed for office use. He stated that he was shocked when he received the notice that multi-family was now being proposed. He was pleased that Morrell Trucking had moved out and that he was looking forward to office development along the west side of Jackson Avenue. He expressed concern for the amount of multi-family housing between this site and Highway 169. He was concerned about the additional traffic, noting that currently, people often drive onto his property when turning around to go the other direction on Jackson Avenue. Mr. Klemp did not feel the visitor parking for the site was adequate. He had concerns for construction of the buildings on a peat bog area. Mr. Klemp noted that sink holes have appeared on his property since the excavation was done for an abandoned fiber optic line project in this area, and wondered what will happen as a result of this project. Jim Sklenicka, 718 Jackson Avenue - Stated he was concerned about parking and increased traffic on J ackson Avenue. Mark Olson of Mark V Construction, applicant - Stated that the parking would be adequate, except perhaps during holiday situations. He stated that they will be digging down 6 to 18 feet to remove the peat over the entire site, and filling it with Class V. Mr. Klemp asked if dewatering was proposed. Mr. Olson stated yes, and that he would be working with the City Engineer on this issue. There being no further public comment, Chair Ropp closed the public hearing. Commissioner Lemke asked if there would be no parking on J ackson Avenue when it is re- striped. Mr. Maurer stated yes, noting that MSA requirements would not allow parking. Mr. Maurer stated that even if J ackson Avenue was not re-striped, he would recommend no parking in the front of the townhomes because of safety concerns. Commissioner Stevens stated that he was in favor of the proposed development, and felt it was a good fit along J ackson Avenue. Commissioner Anderson asked if the private drives would be built to the same standards as City streets. Mr. Maurer stated that the private drives will be built to the R3 District standards and that both 6th Street and 8th Street will be built to match up with the width of the City streets on the east side of Jackson Avenue. Commissioner Anderson asked if the detention pond would be fenced. Mr. Maurer stated no. Commissioner Anderson asked if it would be possible to place some of the trees on Lions Park property, rather than locating them so close to the buildings. Mr. Harlicker stated that this is being considered. Planning Commission Minutes October 26, 2004 Page 10 . Commissioner Offerman asked if parking would be allowed on 6th Street if it was upgraded. Mr. Maurer stated no, because of safety concerns. Commissioner Offerman asked if the townhome residents could be restricted from parking in front of the homes on 6th Street and 7th Street, so that the residents on these streets could utilize the parking. Mr. Maurer stated that it would be impossible to pick and choose who could park there and who could not. MOTION BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY RIVERSIDE PROPERTIES OF ELK RIVER, LLC TO REZONE CERTAIN PROPERTY FROM C2 TO PUD, BASED ON THE FOLLOWING FINDINGS: 1. THE ZONING IS COMPATffiLE WITH THE UNDERLYING LAND USE OF OLD TOWN. 2. THE PROPOSED USE IS CONSISTENT WITH THE ZONING REQUESTED. 3. THE PROPOSED ZONING IS COMPATffiLE WITH ADJACENT USES AND ZONING. MOTION BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE REQUEST FORA CONDITIONAL USE PERMIT FORA RESIDENTIAL PUD, CASE NO. CU 04-32, WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT . APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. WATER ACCESSffiILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. 5. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 6. 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 FOR THE PERIOD OF ONE YEAR. 7. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS SHALL BE IN PLACE OVER THE WETLAND . AND THE WETLAND MITIGATION AREAS. . . . Planning Commission Minutes October 26, 2004 Page 11 8. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND MITIGATION AREAS. 9. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED. 10. THE CITY ENGINEER'S COMMENTS SHALL BE INCORPORATED INTO THE PLANS. 11. THE STREET NAMES SHALL BE REVISED AS INDICATED. 12. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 13. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 14. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 15. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 16. ALL MAILBOXES BE CLUSTERED. 17. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 18. 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 THE FENCING PRIOR TO GRADING COMMENCING. 19. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-IDSTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED. 20. THE LANDSCAPE PLAN SHALL BE REVISED. THE TREES ALONG JACKSON AVENUE SHOULD BE CHANGES TO MAPLES, EITHER AUTUMN BLAZE OR A RED MAPLE, PLANTED 30 FEET ON CENTER. THERE ARE SOME LOCATIONS ALONG THE PRIVATE STREETS WHERE THERE IS ENOUGH SPACE TO PLANT LARGER OVERSTORY TREES. OVERSTORY TREES, SIMILAR TO THOSE PLANTED ALONG JACKSON AVENUE AND 6TH STREET SHOULD BE PLANTED ALONG THE FRONT OF ALL THE TOWNHOUSES. EACH TOWNHOUSE WILL HAVE FOUNDATION PLANTINGS. INDIVIDUAL UNIT LANDSCAPE PLANS SHOULD BE PROVIDED. . . . Planning Commission Minutes October 26, 2004 Page 12 21. THE BUILDING ELEVATIONS SHALL BE REVISED SO THAT THE BRICK IS EXTENDED AROUND THE SIDES OF THE END UNITS. 22. IN ORDER TO CONTINUE THE ROW STYLE LOOK AND PROVIDE ACCESS TO THE FRONT OF THE UNITS, SIDEWALKS SHALL BE INCLUDED ALONG THE FRONT OF ALL OF THE UNITS. EACH UNIT SHALL HAVE WALK CONNECTING THE FRONT STEPS TO THE FRONT SIDEWALK. SIDEWALKS SHOULD ALSO BE PROVIDED BETWEEN THE BUILDING TO PROVIDE ACCESS FROM THE DRIVEWAYS AND THE PRIVATE STREET TO THE FRONT ENTRANCES. 23. THE APPLICANT SHALL WORK WITH THE PARKS AND RECREATION DIRECTOR ON A TREE PLANTING PLAN FOR LIONS PARK. IT SHALL BE THE RESPONSIBILITY OF THE APPLICANT TO PURCHASE AND PLANT ALL THE TREES SHOWN ON THE AGREED UPON PLAN. MOTION CARRIED 7-0. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST FOR PRELIMINARY PLAT APPROVAL OF JACKSON STREET VILLAS, CASE NO. P 04-16, WITH THE CONDITIONS OF APPROVAL FOR THE CONDITIONAL USE PERMIT. MOTION CARRIED 7-0. 6.12. Request by McCombs Frank Roos Associates, Inc. for Conditional Use Permit for Expansion ofWal-Mart Store, Public Hearing - Case No. CU 04-31 Planner Chris Leeseberg presented the staff report. The applicant requests a conditional use permit to expand the existing Wal-Mart Store. Mr. Leeseberg stated that the existing store is 140,991 square feet and with the proposed expansion of 69,691 square feet, the building would be a total of 210,662 square feet. The expansion is proposed to occur on the east side of the building and will include grocery, bakery and deli departments. He reviewed the building elevations, additional entrances, parking and circulation, and landscaping. He explained staff's concerns for the amount of impervious surface which would be created with the additional parking. Staff recommends approval of the request with the conditions listed in the staff report. Commissioner Stevens stated he questioned the applicants' reasoning that the additional parking was necessary, if it would only be needed a few days out of the year. Commissioner Lemke concurred. Mr. Maurer discussed the traffic analysis. He stated that he felt the report contradicts what is indicated in the applicant's letter which was distributed prior to tonight's meeting. Commissioner Offerman stated there are already traffic queuing problems at the Zane Avenue/Main Street intersection. He felt that the third access would create even more problems. He stated that there is already difficulty accessing Zane Avenue from the businesses on the west side of this street. Mr. Maurer stated that the third access would be necessary if the additional parking was approved. He explained that the traffic coming from Zane Street would have more "green time" when Line Avenue was cul-de-sac'd, since there would be less traffic at the intersection from the north. Commissioner Anderson stated that this would not help the traffic coming from the west. Commissioner Lemke stated that all . . . Planning Commission Minutes October 26, 2004 Page 13 the traffic would still end up at the Main Street/Highway 169 intersection. Mr. Maurer explained that once the Line Avenue cul-de-sac is complete, MnDOT could then adjust the timing of the lights. Commissioner Lemke asked if it would help the situation to extend the median through Zane Avenue, making it a right in - right out. Mr. Maurer stated yes, absolutely it would help by moving left turns to Twin Lakes Road. Eric Miller, Civil Engineer for the project - Introduced those present to represent Wal- Mart including Dave Sellegren - Land Use Attorney, Ron Dokken, Ed Terharr, and Peter Reiner - Elk River Wal-Mart Store Manager. Mr. Miller explained the Traffic Study and Proof of Parking documents submitted for the expansion project. He stated that the parking was designed for the few peak periods. Commissioner Anderson asked why not expand the parking to the east of the store. Mr. Miller explained that the location of wetlands and ponding to the west and east on the site. He noted that employees would use the remote parking stalls, and the prime parking would be reserved for customers. Ed T erharr, Benshoof & Associates - Explained that actual counts were done to determine the trip generation figures and the existing store generates more trips than originally anticipated. He explained that the parking space request is not linked to the trips generated. Commissioner Anderson asked if the counts included truck! delivery traffic and what hours are considered peak hours. Mr. T erharr stated yes, and explained the studies are based on actual counts at various stores around the country and include all types of vehicles at all accesses. He noted that SuperCenters generally have lower trip counts because of their multi-purpose use, and that peak hours are between 4:30 and 5:30 p.m. Further discussion followed regarding the need for the additional 211 parking stalls. Ms. McPherson stated that staff had no strong objections to the additional parking and that if the applicant feels they need to build it, Condition #9 could be struck, and they may then move on to discuss any traffic or building design issues they may have. Commissioner Offerman asked about the possibility of creating a third access to the east of Wal-Mart. Mr. Maurer stated that he would argue against any more accesses onto Twin Lakes Road. He stated that the issue is more of the Highway 169/Main Street intersection and how it operates. Commissioner Lemke asked if Mr. Miller had any suggestions to offer for improving the traffic situation on Zane Avenue. Mr. Miller stated that they were open to suggestions. Jim Sklenicka, 718 Jackson Avenue - Stated that he was in agreement that the traffic would not increase much with the SuperCenter, since people that already come to the store would now also do their grocery shopping. Dave Sellegren, Attorney for Wal-Mart - Stated that if the intersection is not working well, they were willing to look at long-term growth and transportation issues. He stated that the applicant would look at improving the landscaped island in the existing west parking . . . Planning Commission Minutes October 26, 2004 Page 14 area, as suggested by Ms. McPherson, but that they can only do what they can within their site. Chair Ropp stated he was in favor of deleting Condition # 9. Commissioner Stevens concurred. Commissioner Anderson stated that he was aware of the applicant's responsibility "build it, park it, and move it in and out of the site", but that he did feel the SuperCenter would increase traffic. He stated that he asked staff to research road widths of other shopping areas within the City and found that Zane is significandy narrower than Freeport in Elk Park Center and Evans Avenue near Menards/Coborn's. He questioned how additional vendors/ semis would move in and out of the site. He felt that Zane is too narrow and should be widened. He suggested that Condition #9 be replaced with a condition that the width of Zane be increased 10 - 12 feet at the applicant's expense. Commissioner Lemke stated that he was pleased with the plan and felt that this was a good store, but he felt that there are traffic concerns with this area that cannot be ignored. Commissioner Ropp questioned whether or not widening of a public street could be tied to a project such as this. Ms. McPherson explained that the road was designed with the knowledge that there would be two large retailers, and possibly a hotel and that the City understood and approved the road design. She stated that delivery drivers will figure out that it will be easier to access the retail sites via Highway 10 to Twin Lakes Road or County Road 12. She stated that the 3-lane striping will help the situation, but this will not resolve the issue at the traffic light. She stated that the store manager could notify the vendors regarding deliveries to use alternate routes to reduce truck traffic. Mr. Maurer noted that the main topic to be discussed at the City Council work session on November 22nd is transportation. He stated that Commissioner Lemke's suggestion to look at the operation of Zane Avenue/Main Street intersection could be added to the list of issues to be discussed with the City Council. MOTION BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER STEVENS TO RECOMMEND APPROVAL OF THE REQUEST BY MCCOMBS FRANK ROOS FOR A CONDITIONAL USE PERMIT TO EXPAND THE W AL-MART STORE, CASE NO. CU 04-31 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. ALL COMMENTS OF GREAT RIVER ENERGY SHALL BE ADDRESSED AND REFLECTED ON A REVISED LANDSCAPE PLAN. 3. IF THE APPLICANT WISHES TO EXPAND THE BUILDING AND/OR THE PARKING AREA, THEY SHALL APPLY FOR AN AMENDMENT TO THEIR CONDITIONAL USE PERMIT. 4. THE DUMPSTER AND TRASH COMPACTOR BE INCORPORATED AS PART OF THE BUILDING AND THE EXTERIOR CONSIST OF THE SAME MATERIALS AS THE BUILDING. 5. THE OUTDOOR GARDEN CENTER SHALL BE FOR SEASONAL DISPLAY, SALES AND STORAGE OF GARDEN CENTER RELATED GOODS ONLY. DISPLAY, SALE AND STORAGE SHALL BE LIMITED TO APRIL- SEPTEMBER. YEAR ROUND STORAGE, SALE AND/OR DISPLAY IS PROillBITED. . . . Planning Commission Minutes October 26, 2004 Page 15 6. SEMI TRAILERS, DROPPED TRAILERS OR CONTAINERS, OR OTHER TRUCKS SHALL NOT BE KEPT ON SITE OR USED FOR STORAGE. 7. OVERNIGHT PARKING OF RECREATIONAL VEmCLES IS PROHffiITED. 8. OUTDOOR STORAGE, OUTSIDE OF THE BUILDING OR WITHIN THE GARDEN CENTER, OF PALLETS, BOXES, BUNDLED CARDBOARD OR OTHER PACKAGING MATERIAL, BROKEN MERCHANDISE OR MERCHANDISE NOT NORMALLY SOLD WITHIN THE GARDEN CENTER IS PROHIBITED. 9. THE PROPOSED PARKING EXPANSION AT THE WEST END OF THE SITE BE SHOWN AS PROOF OF PARKING. MOTION CARRIED 6-1. Commissioner Anderson opposed. 6.13. Request by City of Elk River for Ordinance Amendment to Amend Sections 30-691 - 30- 701 for Consistency with the Amended State Statute Language Regarding Nonconforming Uses - Public Hearing - Case No. OA 04-04 Ms. McPherson explained that the ordinance amendment is being proposed in order for the City's Land Development Regulations to be consistent with Minnesota Statutes, regarding nonconforming uses. Staff recommends approval of the amendment. Commissioner Offerman asked if the City has to implement the statute changes. Ms. McPherson stated that State Statute would supercede the City's Ordinance if an issue arose where the City's Ordinance was in conflict with the Statutes. Chair Ropp opened the public hearing. There being no public comment, Chair Ropp closed the public hearing. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER WESTGAARD TO RECOMMEND APPROVAL OF ORDINANCE CASE NO. OA 04-04. MOTION CARRIED 7-0. 7. Other Business 6.1. Update on October 18. 2004 City Council Meeting Commissioner Ropp provided an update on the October 18, 2004 City Council meetmg. 6.2 US Bank Concept Planner Chris Leeseberg ask the Commission for feedback on the information submitted by US Bank. The Commission concurred that the revised elevations were a great improvement over the first submittal, and fit the "north woods" theme of the project. 8. Adiournment There being no further business, MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER OFFERMAN TO ADJOURN THE MEETING. MOTION CARRIED 7-0. . . . Planning Commission Minutes October 26, 2004 Page 16 The meeting of the Elk River Planning Commission adjourned at 10:35 p.m. Respectfully submitted, i)J/.U ~ Debbie Huebner Recording Secretary