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11-09-2004 PC MIN - SPECIAL . . . SPECIAL MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, NOVEMBER 9, 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. Consider 11/09/04 Special Planning Commission Agenda MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE NOVEMBER 9, 2004 SPECIAL PLANNING COMMISSION AGENDA. MOTION CARRIED 7-0. 5.1. Request by Roth Development for a Conditional Use Permit to Construct Banking Facility (US Bank), Elk Ridge Center, Public Hearing - Case No. CO 04-30 Staff report presented by Planner Chris Leeseberg. The applicant requests a conditional use permit to construct a US Bank building on Lot 1, Block 1, Elk Ridge Center. Mr. Leeseberg reviewed the building description, building materials and architectural details. He noted that the proposed building has an expansion possibility of about twice the length as currently shown. Staff recommends that the applicant be required to submit for approval the overall design for both phases of the building. Mr. Leeseberg discussed access, parking and circulation, and landscaping issues associated with the site. Staff recommends approval of the request with the six conditions outlined in the staff report to the Commission dated November 9, 2004. Chair Ropp opened the public hearing. Antonio Luciano, 19757 Irving Avenue - Stated that the residents had concerns regarding signage and lighting. Director of Planning Michele McPherson stated that the City's ordinance sets regulations for the foot candle level as measured at the property line, and for this type of development, the lighting from signage or the parking lot cannot extend more than lh foot candle from the property line. Mr. Luciano asked if the bank would be willing to change the lighting if it was found to be a problem. Mr. Buennan, Steiner Construction, representing the applicant, stated yes. Mr. Leeseberg stated that the residents should contact staff if there is a problem. Mr. Luciano discussed the residents' concerns regarding the moving of 197th Avenue and how drainage would be affected. City Engineer T eny Maurer explained, noting that there . . . Planning Commission Minutes ~ovell1ber9,2004 Page 2 will be a pond constructed along the west of the development and one at the south. He stated that all drainage for the development would be directed towards the two ponds. Mr. Luciano stated that he was concerned that the commercial area is too close to the residential. He asked if a stoplight would be installed at the intersection of 197th and Irving Street. Mr. Maurer stated that the intersection would be signed for a 4-way stop. Mr. Leeseberg read from the design standards regarding lighting. Ms. McPherson explained that if the design standards are silent on a given issue, the City's ordinance takes precedent. Mr. Luciano asked if the design standards could be amended. Ms. McPherson stated that the design standards are part of the Planned Unit Development Agreement, and could only be amended by the City Council after holding a public hearing. Mary Larson, 11625, 197th Avenue - Stated that she had been told the lighting would be directed downward. Mr. Leeseberg stated that the applicant would be bound by the ordinance. Ms. Larson asked how tall the Black Hills Spruce would be. Mr. Leeseberg stated that the trees would be 6 feet tall, per the ordinance. Ms. Larson stated that she was concerned that changes were being made in the plans. City Engineer T eny Maurer stated that the plans were available for her to review. Dan Schwark, 19785 Irving Avenue - Asked how long the construction will go on 197th Avenue. Mr. Maurer stated that Holt Street should be open the following day. There being no further public comment, Chair Ropp closed the public hearing. Commissioner Lemke noted that Condition B. 9 of the Elk Ridge Center Design Standards requires full cut off lighting and that no fixture shall glare onto adjacent properties. Commissioner Offerman explained that full cut off is the most restrictive lighting. Commissioner Offerman stated that he felt the building was nice-looking and met the design standards. He expressed concern for the impact on this site if an overpass is constructed at 197th. Mr. Maurer stated that the applicant was directed to meet with MnDOT and was told that they are not sure where or when an overpass will be constructed. The City has requested thatMnDOT take the issue to the next level. MnDOT is on track with this process and will hire a consultant in December 2004 to do a study. The study will take 18 - 24 months to complete. Mr. Maurer noted that MnDOT has stated there are no funds available for any improvements on Highway 169. Commissioner Offerman stated that it seems there should be something the City could do to preserve the right-of-way, and that the site to the west should have been developed first. Chair Ropp stated that he felt the applicant has provided a good product and that he liked the design of the building. He stated that he shared Commissioner Offerman's frustrations regarding the future of the 197th and Highway 169 intersection. Commissioner Anderson stated that he did not believe there was anything the City could do at this time to set aside right-of-way. He stated that he liked the overall design of the project. He asked what curb-to-curb width was and also the right-of-way width. Mr. Maurer stated that the curb-to-curb width was 44 feet and he was not sure of the right-of-way and would need to check the plans. Commissioner Anderson asked if the City Engineer questions have been answered regarding the traffic patterns for this site. Mr. Maurer stated . . . Planning Commission Minutes November 9, 2004 Page 3 that the issue is still somewhat unresolved and he will need to have a final report from the Traffic Engineer. Commissioner Anderson asked if the issue of getting around the building has been resolved. Ms. McPherson suggested that the area be signed "drive-thru only" to warn drivers that they may have to wait if they use this route to exit the site. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY ROTH DEVELOPMENT FORA CONDITIONAL USE PERMIT FOR US BANK, CASE NO. CU 04-30, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. CONSTRUCTION TRAFFIC SHALL NOT BE ALLOWED TO ACCESS THE SITE FROM 197fH AVENUE. 3. ONLY ONE SANITARY SEWER SERVICE SHALL BE ALLOWED. 4. THE TRAFFIC ANALYSIS SHALL INCLUDE THE INCREASED SIZE OF THE PROPOSED BUILDING. 5. IF THERE IS TO BE AN EXPANSION OF THE EITHER THE BUILDING OR THE PARKING LOT, THE APPLICANT SHALL APPLY FORAN AMENDMENT TO THE CONDITIONAL USE PERMIT. 6. THE OVERALL BUILDING DESIGN OF BOTH PHASES SHALL BE PRESENTED AND APPROVED. MOTION CARRIED 7-0. 5.2. Request by Orrin Thompson Homes for Rezoning of Miske Property from Rld (Single Family Residential) to POO (planned Unit Development). Public Hearing-Case No. ZC 04- 06 Request by Orrin Thompson Homes for Preliminaty Plat Approval of River Park (Miske Property). Public Hearing-Case No. P 04-09 Request by Orrin Thompson Homes for Conditional Use Permit for Residential Planned Unit Development (Miske Property). Public Hearing-Case No. CD 04-15 5.3. 5.4. Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker reviewed the proposal by Orrin Thompson homes for a 489 unit planned unit development on 224 acres located south of Twin Lakes Road, east of Sunset Ridge and west of Cleveland Street. Mr. Harlicker reviewed the layout of the elementaty school, fire station and well house, single family homes and townhome elevations and locations of streets, sidewalks, wedands, density, and park land. He reviewed staff's recommendations regarding moving four single family lots on the west side of the south park, and replacing the short east/west street adjacent to the wedand and near the connection to Sunset Ridge with a pedestrian connection. Commissioner Westgaard asked if the school district has reviewed the plans. Ms. McPherson stated that they met with the superintendent and that their architect provided the site layout. The representatives of the school district felt that this was a good site for the school since it provides good pedestrian connections and was visible at the intersection. Chair Ropp opened the public hearing. . . . Planning Commission Minutes November 9, 2004 Page 4 David Green, 19110 Kennedy Street - Stated his concerns regarding cut-through traffic, high density, and small lot sizes. Ray Baird, representing Orrin Thompson Homes - Reviewed changes made to the plans since the last Planning Commission review, including the reduction in the number of units, school site, fire station and water treatment site, home styles and elevations, wetland restoration, right-of-way for County Road 40 and County Road 13, north and south parks, and traffic issues. He explained that the townhomes would provide better screening for the single family residential, and that they would be nested closer together to provide more green space. He noted that the townhomes would be well-maintained by an association. Commissioner Anderson asked for clarification on relocation of the four lots near the park. Commissioner Lemke asked for clarification on the new alignment of County Road 40. Mr. Baird explained. Commissioner Westgaard asked if the connection to Sunset Ridge was previously planned. City Engineer Terry Maurer stated yes, that the right-of-way was platted to the east property line. Commissioner Offerman asked if the school site was being approved at this time. Ms. McPherson stated that this approval is for the lot, but that the school, fire station and well site will require a conditional use permit. Greg Lien, 19147 Lincoln Street - Stated that the nearly 500 homes would mean approximately 1,000 more vehicles on County Road 40. He expressed concern for the traffic through Sunset Ridge and the increased traffic at Highway 169 and Main Street. He did not feel the area lends itself to this kind of density and asked that the Planning Commission hold the density down. He felt that the City needs to plan growth, not just respond to it. Pat Voltzke, 19172 Kennedy Street - Asked what is planned for County Road 13 and stated he was concerned about speeds of vehicles. Mr. Maurer stated that County Road 13 is monitored by the county and traffic counts are usually done every three years. If it is determined that the road needs to be widened or turn lanes added, a project would be added to their program. He stated that it was his understanding there are safety issues regarding both Kennedy and Lincoln Streets in this project, as well as the existing Kennedy Street. He stated that they are not proposing to do anything with County Road 13 and these streets. He stated that he has made the County Engineer aware of the public testimony regarding the safety concerns in this area. Harry Bassett, 19040 Lincoln Street - Stated that he travels a great deal for his work, and that existing off Lincoln Street onto County Road 13 is the scariest part of his day. He stated that the traffic on County Road 13 between 6:30 - 8:00 a.m. is extremely heavy. He stated that the Commission needs to take into consideration how the density of the project will impact traffic in this area. Ken Nathe, 19080 Lincoln Street - Stated that the timing is not right for this project, until MnDOT can get an interchange completed to relieve some of the traffic congestion at Main Street and Highway 169. He stated that he did not feel there should be any further development east of Highway 169 until this is accomplished. He felt that there should be a road connection between County Road 13 and Highway 169 in the vicinity of the Perkins Restaurant. . . . Planning Commission Minutes November 9, 2004 Page 5 Tom Hooker, 19138 Lincoln Street - Stated that Sunset Ridge is a low density neighborhood where people can walk and talk with their neighbors, creating a sense of community. He felt the high density of the proposed development would look out of place. He questioned the need for this development, since there are already five PUD's west of Highway 169 and seven east of Highway 169, with two of the largest PUD's on the east side. He stated that there is a 40 mph sign near Trott Brook Farms, but that no speed is posted after that. He felt that there needs to be a good reason for connecting the Sunset Ridge neighborhood with this one, and he has not heard one yet. Randy Barney, 19008 Lincoln Street - Stated that when the right-of-way was platted in the Sunset Ridge development, it was assumed that the neighboring development would also be 2 ~ - 5-acre lots. He suggested that a bike path or breakaway barrier be constructed instead, in order to provide emergency vehicle access. Linda Schmeling, 18753 Cleveland Street - Stated that this development will take up the sewer capacity, preventing others from developing their property. She stated that land for a school was offered to be donated on the east side of County Road 40, which would have allowed them to develop their land. She asked who would pay for the upgrade of County Road 40. She stated that she was told by the County that there was no money in the budget for it. She stated that the City should not give up everything to receive a few perks, such as the school, fire station and well house. She asked why no one on the east side of Highway 169 represented them during the Comprehensive Plan review. She stated that she tried to sell her 10-acre parcel but was not able to sell it, due to the fact that the proposed development must be disclosed. She stated that it would cost $9,000 to fix her septic system. Ms. Schmeling stated that 4 of the homes on County Road 40 did not pass the septic inspection. She asked why there was not more communication with the residents. Jeff Werner, 19575 Cleveland Street - Stated that he was all for progress and development, if all of the property owners who wanted to develop could. He felt the whole area should be re-designed to include those who wanted to be included. Mike Thiry, 19031 Lincoln Street - Felt that there were a number of empty lots in Elk River that haven't been built on and questioned the need for this development. He also felt the Lincoln/County Road 13 situation was unsafe, and the problem would be compounded by this development. Howard Johnson, 19184 Lincoln Street - Stated that this is not a unique situation in Elk River and that by reading the newspaper, it is evident that people want to see more controlled development everywhere. He felt that an emergency access connecting the Sunset Ridge development would create a safer situation, but that a full-blown street connection was not necessary. He stated that in the winter, there is often ice buildup on the County Road, and it is often foggy, which creates dangerous driving. He stated that the sewer capacity is getting close to its maximum. Mr. Johnson noted that the residents voted down the school referendum, and that this is an indication of the uncertainty and unrest in the community. He felt that Elk River's property owners are worried about what is happening in Elk River. He thanked the Commission for listening to their concerns. Pat Crepeau, 19160 Lincoln Street - Questioned the need to restore the wetlands. She stated that she did not care to see Sunset Ridge connected to this development and felt a project of this size was inconsistent with the surrounding properties. . . . Planning Commission Minutes November 9,2004 Page 6 There being no further public comment, Chair Ropp closed the public hearing. Commissioner Anderson stated he was not in favor of the zone change. He did not feel more density could be added to this area without addressing the traffic concerns. He liked the idea of the school and fire station, but that he was not supportive of the townhomes. He stated he could not support the project without the infrastructure in place. He stated that County Roads 12, 13 and 40 need to be upgraded. He stated that he agreed with Mr. Nathe; that an interchange at Highway 169 was needed. He felt that the commercial and industrial development will also be impacted if the interchange does not happen soon. Commissioner Anderson stated that he felt the interchange needs to be located further north at School Street and connect with Twin Lakes Road. Commissioner Offerman stated that he was ok with the plat, but that he could not vote in favor of the proposal due to the transportation issues. He suggested that Lincoln and Kennedy Street both be closed off and that there only be one access onto County Road 13 at Davis Street. He felt that the school was a good design, but that this development would bring in just as many new children as this school would hold. He concurred that an interchange on Highway 169 should be moved further north. He felt that there are too many unanswered questions regarding traffic and cannot support the zone change. Commissioner Stevens stated that he likes the layout of the plan and the school site, but that the project may be five years too soon. He stated that if an east-west corridor were in place, the "mess" at Highway 169 and Main Street would be alleviated. He stated that if the residents of Sunset Ridge have safety concerns, they should address the City Council at the Open Mike portion of their meeting. Commissioner Lemke asked if County Road 40 would be upgraded. Mr. Maurer stated yes. He asked if the developer should pay for it. Mr. Maurer stated that they would be asked to pay their fair share. He stated that these details would be worked out in the developer agreement if the zone change and preliminary plat are approved. Mr. Maurer noted that the latest traffic counts for County Road 40 are 3 - 4 years old, and indicated 150 cars per day. Commissioner Lemke stated that the road is probably avoided because it is gravel. Mr. Maurer stated that it also has two 90 degree turns in it. Commissioner Westgaard stated that he was ok with the layout but he did not feel it was the right time or place for this development and that there are larger issues that need to be address first by planned growth. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND DENIAL OF THE REQUEST BY ORRIN THOMPSON HOMES FOR REZONING OF MISKE PROPERTY FROM RiD (SINGLE FAMILY RESIDENTIAL) TO PUD (PIANNED UNIT DEVELOPMENT), CASE NO. ZC 04-06, BASED ON THE FOLLOWING FINDINGS: 1. INADEQUATE INFRASTRUCTURE TO SUPPORT THE ADDITIONAL TRAFFIC. 2. PUBLIC SAFETY CONCERNS. MOTION CARRIED 7-0. . . . Planning Commission Minutes November 9, 2004 Page 7 5.5. Request by Vance ZehringerlHabitat for Humanity for a Land Use Plan Amendment to change the land use from HB (Highway Business) to RR (Rural Residential), Public Hearing - Case No. LU 04-05 Request by Vance ZehringerlHabitat for Humanity for Rezoning from C3 (Highway Commercial) to R1a (Single Family Residential), Public Hearing - Case No. ZC 04-10 5.6. Staff report presented by Senior Planner Scott Harlicker. Habitat for Humanity requests a Land Use Plan Amendment fro Highway Business to Rural Residential, and a Zone Change from Highway Commercial to R1a Single Family Residential. Staff recommends approval of the requests based on the information presented in the staff report to the Commission dated November 9, 2004. Chair Ropp opened the public hearing. Vance Zehringer, 18920 Concord Street, Vice President of the Sherburne Chapter of Habitat for Humanity - Requested that the Planning Commission approve the request in order to get the process moving along to build the home. There being no further public comment, Chair Ropp closed the public hearing. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER WESTGAARD TO APPROVE THE REQUEST BY VANCE ZEHRINGER ON BEHALF OF HABITAT FOR HUMANITY FORA LAND USE AMENDMENT FROM HIGHWAY BUSINESS TO RURAL RESIDENTIAL, CASE NO. LU 04-05. MOTION CARRIED 7-0. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER OFFERMAN TO APPROVE THE REQUEST BY VANCE ZEHRINGER ON BEHALF OF HABITAT FOR HUMANITY FORA REZONING FROM HIGHWAY COMMERCIAL TO RiA SINGLE FAMILY RESIDENTIAL, CASE NO. ZC 04-10. MOTION CARRIED 7-0. 6. Other Business Ms. McPherson recommended that the Commission attend the City Council worksession regarding transportation issues scheduled for November 22nd. She suggested that the Commission contact staff with their three top transportation issues so that they may compile the information. 7. Adiournment There being no further business, MOVED BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER ANDERSON TO ADJOURN THE MEETING. MOTION CARRIED 7-0. The meeting of the Elk River Planning Commission adjourned at 9:52 p.m. Respectfully submitted, lJ~~ Debbie Huebner Recording Secretary-