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03-22-2005 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, MARCH 22, 2005 Members Present: Chair Anderson, Lemke, Offerman, Scott, Stevens and Westgaard Members Absent: Commissioner Ropp Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner; Debbie Huebner, Recording Secretary 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:33 p.m. by Chair Anderson. 2. Consider 3/22/05 Planning Commission Agenda MOVED BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE MARCH 22, 2005 PLANNING COMMISSION AGENDA MOTION CARRIED 6-0. 3.1. Consider 2/23/05 Planning Commission Minutes MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER WESTGAARD TO APPROVE THE FEBRUARY 23,2005 MINUTES WITH THE FOLLOWING CORRECTIONS: PAGE 4, ITEM 5.1. - GREG HOIST - SHOULD READ "GREG HOLST" PAGE 6, ITEM 5.2. - COMMISSIONER STEVENS ASKED HOW THE CHILDREN GOT TO THE SITE - SHOULD READ "COMMISSIONER ANDERSON" MOTION CARRIED 6-0. 3.2. Consider 3/8/05 Planning Commission Workshop Meeting Notes MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER SCOTT TO APPROVE THE MARCH 8, 2005 MEETING NOTES. MOTION CARRIED 6-0. 4. Planning Commission Representative to Attend April City Council Meeting Commissioner Lemke will attend the April 4, 2005 City Council meeting. 5.1. Request by Cemstone Products Company for Conditional Use Permit to Operate a Ready Mix Plant. Public Hearing - Case No. CU 05-05 Senior Planner Scott Harlicker reviewed the request by Cemstone Products to operate a ready-mix plant on property located at the northwest comer of Highway 169 and County . . . Planning Commission Minutes March 22, 2005 Page 2 Road 77. He explained that there is an existing ready-mix plant on the site. Mr. Harlicker reviewed the proposed operation, hours, number of employees, deliveries, landscaping, and parking and circulation issues. Staff recommends approval of the request with the four conditions as noted in the staff report. Commissioner Lemke asked if staff has considered requiring the applicant to go down County Road 77 to County Road 33 to access Highway 169. Chair Anderson asked if Cemstone owns the existing ready-mix plant. Ken Kuhn, representing Cemstone - Stated that the existing plant at this site is owned by Aggregate Industries and that they plan to purchase the property. He noted that they own the plant north of the Julius Nemeth site. Chair Anderson asked if the plan is to run both operations. Mr. Kuhn stated that the plant to the north will be tom down and moved elsewhere in the state. Commissioner Offerman asked for clarification on Condition #2. Mr. Harlicker that when the parking area is established, a permanent surface will be installed. Chair Anderson opened the public hearing. There being no one to speak to this issue, Chair Anderson closed the public hearing. MOTION BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER WESTGAARD TO RECOMMEND APPROVAL OF THE REQUEST BY CEMSTONE PRODUCTS COMPANY FORA CONDITIONAL USE PERMIT TO OPERATE A READY MIX PLANT, CASE NO. CU 05-05, WITH THE FOLLOWING CONDITIONS: 1. THERE SHALL BE NO DIRECT ACCESS TO HIGHWAY 169 FROM LOT 1, BLOCK 1. 2. THE YARD SHALL BE DELINEATED ON THE SITE PLAN. IF THE YARD IS TO BE EXPANDED, THE APPLICANT SHALL APPLY FORAN AMENDMENT TO THE CONDITIONAL USE PERMIT. 3. IF MORE THAN 20 TRUCKS ARE TO BE ON SITE, THE APPLICANT SHALL APPLY FORAN AMENDMENT TO THE CONDITIONAL USE PERMIT. 4. A LANDSCAPE PLAN THAT MEETS THE CITY REQUIREMENTS SHALL BE SUBMITTED PRIOR TO RECORDING THE CONDITIONAL USE PERMIT. Commissioner Lemke stated that he was not opposed to the request, but that he felt it was bad planning to have an access onto Highway 169 at this location, since there were no acceleration lanes. He felt it would be a safer option to have trucks use Co. Road 77 south to County Road 33. Commissioner Stevens asked if County Road 77 (proctor) was proposed to be closed at County Road 33. Ms. McPherson explained that Proctor will be closed north of the Ridgewood West addition up to County Road 33, but that that the County Road 33/County Road 77 intersection will still function. Mr. Kuhn stated that there is a southbound acceleration lane onto Highway 169 at this access. He noted that they are aware that this access may be closed by MnDOT at some point in the future. Mr. Kuhn stated that they are very cognizant of safety issues at this location. . . . Planning Commission Minutes March 22, 2005 Page 3 MOTION CARRIED 6-0. 5.2. Request by ]effWerner for Land Use Amendment to Include Certain Properties in the Urban Service Area. Public Hearing - Case No. LU 05-01 Senior Planner Scott Harlicker presented the request by Jeff Werner to include certain properties in the Urban Service Area. Mr. Harlicker reviewed the existing conditions, zoning and surrounding land uses, and issues related to the request regarding the Comprehensive Plan update, sewer and water capacity, traffic, and buffer area issues. Mr. Harlicker stated that there are no limiting factors that would prevent this area from being included in the Urban Service area, and that it is a policy decision that the Planning Commission and Gty Council will need to make. Chair Anderson opened the public hearing. LaVonne Nordeen, 18168 Cleveland Street - Asked what the impacts would be for her if the request was approved. Ms. McPherson stated that since her property was not part of the application, her property would remain at the current 2 ~ acre lot size standard. She stated that the Gty Council could chose to amend the request and include everyone in this area. If so, sewer and water would be available and if property owners decided to develop, they would be assessed at that time for sewer and water. Ms. McPherson stated that she would not be forced to do anything. Ms. Nordeen asked what that lot size would be if the request were approved. Ms. McPherson stated that urban lots are between 11,000 -14,000 square feet. There being no one else to speak to this issue, Chair Anderson closed the public hearing. Commissioner Offerman stated that based on the information presented, there does not appear to be a problem with including the property in the Urban Service Area, but that he questioned the timing. He stated that he would like to see a more comprehensive plan for this overall area. Commissioner Stevens stated he concurred with Commissioner Offerman. He felt that the Gty Council made it clear when they denied the request for the property south of 175m that they want a plan for an entire area. He stated he would like to see the impact of the NRI study. Commissioner Stevens stated that he feels it makes sense to include the subject properties, but not at this time. Commissioner Westgaard stated that he also would like to see this entire area included in the Urban Service Area, not single parcels, from the south of line of Twin Lakes Road before it turns north, to the Gty's eastern boundary line. Commissioner Lemke stated that he felt this request was different from the previous request, and did not see a need for a "master plan". Ms. McPherson stated that she disagreed and felt there was some merit it looking at secondary transportation issues for the entire area. She stated it is important that they look at logical transportation systems if the density is going to change. Commissioner Lemke stated that he did not feel the Commission could deny the property owners to be included in the Urban Service Area until everyone wants to be included. . . . Planning Commission Minutes March 22, 2005 Page 4 Chair Anderson stated that he felt this issue is not that different from the previous request, and he was not in favor of bringing in isolated lots. He felt the whole area should be brought in at one time. Ms. McPherson stated that what is happening in this area is not that different from what will happen north of County Road 33, where a phasing plan for density change will be implemented. Temporary and permanent points along the County road system will be identified to accommodate the change in density. Commissioner Lemke stated that if the request is approved, they still can identify temporary and permanent access points. He stated that he also would support including the entire area east of County Road 12 and 13 to the eastern City limits. Commissioner Offerman stated that he agreed with Commissioner Lemke that that the entire area should be brought into the Urban Service Area, but that he felt it would be premature to approve the request at this time. MOTION BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER STEVENS TO RECOMMEND DENIAL OF THE REQUEST BY JEFF WERNER TO INCLUDE CERTAIN PROPERTIES IN THE URBAN SERVICE AREA BASED ON THE FOLLOWING FINDINGS: LACK OF INFORMATION REGARDING COUNTY ROAD 40 TURNBACK AND POSSIBLE ASSESSMENTS FOR IMPROVEMENTS. NATURAL RESOURCES INVENTORY TASK FORCE HAS NOT HAD AN OPPORTUNITY TO REVIEW THIS AREA. LACK OF INFORMATION FROM OTHER ADJACENT PROPERTY OWNERS. MOTION CARRIED 5-1. Commissioner Lemke opposed. 5.3. Request by Amcon for Conditional Use Permit to Construct Warehouse/Maintenance Building. Public Hearing - Case No. CD 05-06 Senior Planner Scott Harlicker stated that Great River Energy proposes to construct a 55,560 square foot building to house warehouse space, shop space, and offices, as well as 156 new parking spaces. He noted that an existing print shop and warehouse will be demolished. He reviewed the location of the new facility, building elevations, parking and access, and landscaping issues. Staff recommends approval of the request with the two conditions listed in the staff report to the Commission dated March 22, 2005. Commissioner Stevens asked if any special design standards apply to this building. Mr. Harlicker stated there are no special design standards, but that they will need to comply with the minimum material standards in the ordinance. Chair Anderson opened the public hearing. There being no one to speak to this issue, Chair Anderson closed the public hearing. Chair Anderson asked if Great River Energy had any plans for their existing driveway, in the event MnDOT decided to close their access onto Highway 10. . . . Planning Commission Minutes March 22, 2005 Page 5 Dennis Cornelius of Amcon - Explained where other accesses are located. He stated that if necessary, they could utilize the access onto Highway 169 to the east. He noted that by creating the new internal driveway, they will be able to separate the passenger vehicular traffic from the truck traffic. MOTION BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY AMCON FORA CONDITIONAL USE PERMIT, CASE NO. CU 05-06, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. FOUR SHADE TREES SHALL BE PLANTED IN THE MEDIAN IN THE NEW PARKING LOT IN FRONT OF THE HEADQUARTERS BUILDING. MOTION CARRIED 6-0. 5.4. Request by Commonweal Development for Preliminary Plat Approval (Carson Business Park). Public Hearing - Case No. P 04-11 Senior Planner Scott Harlicker reviewed the history of Commonweal's request for preliminary plat approval of Carson Business Park. He explained that due to changes in square footage, elimination of certain uses that generate high levels of traffic, and limiting the number of PM peak trips, the Council decided to refer the request back to the Planning Commission for further consideration. Mr. Harlicker reviewed each of the proposed changes. Commissioner Stevens asked if the intersection would still be considered an "F" level, with the reduction in trips during the peak PM hours. Mr. Harlicker stated only for left turns out of the site. Commissioner Stevens asked if the left turns could be eliminated. Ms. McPherson stated that City staff and the applicant's engineers have reviewed all possible ways of eliminating left turns and have concluded that this would only create different types of traffic problems, such as drivers making U-turns, crossing other properties to make the desired left turn, etc. She explained that the "F" condition would only apply for drivers leaving the Commonweal site. Commissioner Stevens asked if it would help to allow right turns only from the site, and still allow left turns into the site. Ms. McPherson explained that the Urista site will be required to move their access to Carson Street when it is constructed, and that people would figure out that they could drive through this parking lot to access Main Street and make the desired left turn westbound. Commissioner Anderson asked where the cross access agreements were required. Ms. McPherson explained. Commissioner Anderson asked why Carson Street does not extend to Lot 5. Mr. Harlicker stated that Lot 5 will be used only for a billboard and will only need to be accessed for maintenance. Commissioner Westgaard asked if the types of establishments would be restricted, and how the 330 peak PM trips would be controlled. Mr. Harlicker explained that they would be limited by square footage and usage. Ms. McPherson noted that the trip generation is based on information from the Institute of Traffic Engineers Trip Generation Manual. She stated that the developer has agreed to put these figures into a legal document which will be recorded with the County, and that the situation will then be monitored. . . . Planning Commission Minutes March 22, 2005 Page 6 Commissioner Scott stated that the Conncil also discussed the option of lifting the constraint, if the traffic situation were change in the future. He stated that he felt Commonweal has done an admirable job in dealing with the issues for this site. He stated that he was not comfortable with the Commission's previous recommendation for denial. Commissioner Scott stated that he would support recommending approval. Commissioner Lemke concurred with Commissioner Scott's comments. He stated that he agreed it is not the best situation, but that he was against restricting the left turn movements. He stated that the long wait times will likely not be more than during a is-minute period during the peak PM hours. Commissioner Stevens asked if it would be possible to table the issue to explore further options. Ms. McPherson stated that they have looked at everything possible to improve the situation, but that they cannot change the impacts of the other three legs of the intersection. She explained that any other use of the property would also generate traffic. She stated it is nnfortnnate that this was the last piece to develop. Ms. McPherson stated that she does not know what else can be done without creating adverse impacts elsewhere in the area. Commissioner Lemke asked what would happen if the traffic exceeds the 330 trips at peak PM hours. Ms. McPherson stated that they would need to come up with some type of mechanism that would be fair to all. She felt that the applicant clearly nnderstands their concerns. Mr. Harlicker stated that the situation will become self-regulating. If people experience problems getting onto Main Street at certain times, they simply won't go there. Chair Anderson stated that Carson Street probably should not have been constructed, given its close proximity to the Highway 169 intersection. He did not feel there were any other options, but that he could not support approval. Commissioner Stevens asked if there would be three lanes at the access to the development. Mr. Harlicker stated that there would be a left turn/straight through lane, and a right turn lane. Chair Anderson opened the public hearing. Stewart Schaefer, representing Commonweal Development - stated that they are aware of the issues and that they feel that the site will be self-regulating. He stated that they cannot afford to bring in high traffic uses in developing the first lots, thereby restricting future development of the site. He stated that they are willing to live with the standards that have been proposed. Commissioner Offerman expressed his thanks to Commonweal for their willingness to work with the City. He stated it is nnfortnnate that such a prime location cannot be developed to its full potential, and to obtain the highest and best uses for the site. Instead, they are doing the opposite because the transportation infrastructure is not there. He did not feel there are many options, since too many things have already happened too many years ago. Commissioner Westgaard stated he did not feel they could recommend denial to the City Conncil, since this was the only access available to the applicant. He stated that he also has concerns about the traffic levels, but that he appreciated the applicant's willingness to look at ways to mitigate the impacts. He felt that the City has a responsibility to work with the property owners to make their development a success and he would support a . . . Planning Commission Minutes March 22, 2005 Page 7 recommendation for approval. He stated that he hopes discussions will continue to make the best of the situation. Commissioner Stevens stated that he concurred with Commissioner Offerman's and Westgaard's comments, and felt that this should have been a premier site for highway commercial development. He did not feel there was any other workable alternative for dealing with the traffic issues, and that he would reluctantly support a recommendation for approval. There being no one else to speak to this issue, Chair Anderson closed the public hearing. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER SCOTT TO RECOMMEND APPROVAL OF THE REQUEST BY COMMONWEAL DEVELOPMENT FOR PRELIMINARY PLAT APPROVAL FOR CARSON BUSINESS PARK, WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. A LETTER OF CREDIT IS PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 3. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANfY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FORA ONE YEAR PERIOD. 4. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 5. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS REQUIRED BY THE CITY. 7. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 8. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING WORK ON THE SITE. 9. GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE SUBMITTED AND APPROVEDBY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 10. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. . . . Planning Commission Minutes March 22, 2005 Page 8 11. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPLAL UTIL TIlES. 12. PARK DEDICATION FEES BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 13. APPROPRIATE CROSS ACCESS EASEMENTS SHALL BE APPROVED BY THE CITY AND RECORDED WITH THE PLAT. 14. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 15. 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 FENCING PRIOR TO CLEARING OR GRADING COMMENCING. 16. ALL NECESSARY TRUNK. SANITARY AND WATER ASSESSMENTS, AND LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. MOTION CARRIED 5-1. Chair Anderson opposed. 5.5. Request by City of Elk River for Ordinance Amendment Relating to Dry deaning Establishments. Public Hearing - Case No. OA 05-03 Director of Planning Michele McPherson reviewed the proposed amendment to establish dry cleaning establishments as a conditional use pennit in the Downtown, Highway Commercial, and Light Industrial Districts, and as a pennitted use in the Mediwn Industrial District. She noted that Nadeau's Dry deaning is considering relocating to the former Creative Expressions space downtown next to Bwnper to Bwnper Auto Store. Commissioner Lemke asked for clarification regarding the location of the Bwnper to Bwnper store. Chair Anderson opened the public hearing. There being no one to speak to this issue, Chair Anderson closed the public hearing. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER STEVENS TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT TO ESTABLISH DRY CLEANING ESTABLISHMENTS AS A CONDITIONAL USE PERMIT IN THE DOWNTOWN, HIGHWAY COMMERCIAL, AND LIGHT INDUSTRIAL DISTRICTS, AND AS A PERMITTED USE IN THE MEDIUM INDUSTRIAL DISTRICT. MOTION CARRIED 6-0. 5.6. Request by City of Elk River for Ordinance Change Relating to Government Buildings/Facilities and Government Offices. Public Hearing - Case No. OA 05-04 . . . Planning Commission Minutes March 22, 2005 Page 9 Ms. Michele McPherson reviewed the proposed ordinance amendment relating to government buildings/facilities and government offices. She explained the inconsistencies in the current ordinance and reviewed a chart illustrating the proposed changes. Ms. McPherson noted that two sites that may be impacted by the proposed changes are the MnDOT maintenance facility east of Highway 169 on Dodge Street, and the Lions Park Center. Ms. McPherson explained that these two sites would become non-conforming, but that there would some options for them, should the need arise to expand or rebuilt these facilities. Commissioner Scott asked where facilities should as water towers and lift stations could be located. Ms. McPherson explained that those types of facilities are considered essential services and can be placed virtually anywhere in the City, regardless of zoning. Commissioner Offerman expressed concern that MnDOT would have a difficult time relocating their facility, given the high cost of land in Elk River. Ms. McPherson stated that there is a large area zoned 11 Light Industrial on the west side of Highway 169, currently being mined, which would be suitable for such a facility. Commissioner Offerman noted that MnDOT could also request a rezoning for their current site. Chair Anderson opened the public hearing. There being no one to speak to this issue, Chair Anderson closed the public hearing. MOTION BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FORAN ORDINANCE AMEND PROVIDING CONSISTENCY IN THE REGUIATION OF GOVERNMENT BUILDINGS/FACILITISE AND GOVERNMENT OFFICES. MOTION CARRIED 6-0. 5.7. Request by City of Elk River to Amend Sections 30-1023. 30-801. 30-938 and 30-2021. Public Hearing - Case No. OA 05-07 Director of Planning Michele McPherson reviewed each of the proposed ordinance amendments. She stated that if the Commission would like more time to consider the architectural standards, this item could be removed and placed on the April workshop agenda for discussion. Ms. McPherson noted that she would also like the Commission to consider canvas structures, since the Public Works is considering constructing one for salt/sand storage. Commissioner Anderson stated he was in favor of removing this item from the ordinance amendment. Commissioner Westgaard concurred. Chair Anderson opened the public hearing. There being no one to speak to this issue, Chair Anderson closed the public hearing. MOTION BY COMMISSIONER STEVENSAND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR ORDINANCE AMENDMENTS TO THESE SECTIONS, EXCLUDING SECTION 30-938 - ARCHITECTURAL STANDARDS: SECTION 30-1023 - C-2 OFICE DISTRICT SECTION 30-801 - HOME OCCUPATIONS SECTION 30-2021 - LOT AREA AND WIDTH STANDARDS . . . Planning Commission Minutes March 22, 2005 Page 10 THE MOTION CARRIED 6-0. 6. Other Business 6.1. Update on March 22. 2005 City Council Meeting Co~ssioner Stevens provided an update on the March 22, 2005 City Council meetmg. 8. Adjournment There being no further business, MOVED BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER LEMKE TO ADJOURN THE MEETING. MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at 8:32 p.rn. Respectfully submitted, IJ~~ Debbie Huebner Recording Secretary