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05-27-1997 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, MAY 27,1997 Members Present: Commissioners Cote, Kuester, Mesich, Minton, and Thompson Members Absent: Chair Anderson, Commissioner Sullivan Staff Present: Steven B. Ach, City Planner; Terry Maurer, City Engineer; Scott Harlicker, Planning Assistant; Debbie Kleckner, Recording Secretary Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:40 p.m. by Commissioner Thompson. 1.0. AODointActina Chair COMMISSIONER MINTON MOVED TO APPOINT COMMISSIONER THOMPSON ACTING CHAIRPERSON. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. COMMISSIONER THOMPSON ABSTAINED. COMMISSIONER MINTON MOVED TO APPROVE THE MAY 27, 1997 PLANNING COMMISSION AGENDA WITH THE FOLLOWING AMENDMENT: 6.3. REPORT ON APA CONFERENCE BY COMMISSIONER KUESTER COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 5-0. COMMISSIONER KUESTER MOVED TO AMEND THE APRIL 22,1997 MINUTES AS FOLLOWS: - PAGE 1, ITEM 5.1. - REFERENCE TO COUNTY ROAD 35 SHOULD READ "COUNTY ROAD 30" COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. . .Planninq Commission Reoresentative to Attend 6/16/97 City Council Me.eting Commissioner Mesich will attend the June 16, 1997 City Council Meeting. Planning Commission Minutes May 27,1997 Page 2 . Staff report by Scott Harlicker. Camas, Minnesota/Shiely Masonry has requested a conditional use permit for the construction of a masonry block manufacturing plant. Scott presented information on unresolved issues as follows: . County Road 33 issues - Sherburne County is currently in the design process for improvements to County Road 33 which will address: (1) adding a right turn lane, (2) lowering the vertical curve and (3) future elevation of County Road 33. Scott referred to the letter from the county dated May 2, 1997, indicating the access permit for Camas' second access is contingent upon obtaining safe sight distance. It is unknown at this time whether or not a right turn lane will be constructed at County Road 33 and Highway 169. Construct of improvements to County Road 33 are expected to begin in September or October of this year. . Phasina of blacktoooing - Scott referred to an exhibit detailing the phasing plan proposed by Camas. Phase 1 for blacktop and curbing would depend on completion of the county improvements and is proposed to be completed July 1, 1998. Phase 2 would be completed July 1, 1999, and Phase 3 July 1, 2000. . Terry Sossong of Camas indicated the bins for decorative aggregate will be relocated toward the back of the property next to the covered storage. Mr. Sossong further explained the traffic flow on the site. Chair Thompson opened the public hearing. There being no comments from the public, Chair Thompson closed the public hearing. COMMISSIONER COTE MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY CAMAS, MINNESOTA/SHIELY MASONRY FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 97-8, BASED ON STAFF'S RECOMMENDATION, WITH THE FOLLOWING CONDITIONS: 1. SITE IMPROVEMENTS SHALL BE COMPLETED IN 3 PHASES AS SHOWN ON THE PHASING PLAN. PHASE ONE SHALL BE COMPLETED BY JULY 1, 1998, PHASE 2 BY JULY 1, 1999 AND PHASE 3 BY JULY 1,2000. 2. LANDSCAPING WILL BE COMPLETED AS PART OF PHASE 1. 3. PER SHERBURNE COUNTY RECOMMENDATION, RIGHT TURN LANES SHALL BE PROVIDED AT THE PROPOSED AND EXISTING DRIVEWAYS UNLESS MODIFIED BY THE REDESIGN OF COUNTY ROAD 33. 4. THE EXTERIOR OF THE PROPOSED EXPANSION OF THE EXISTING BUILDING AND THE PROPOSED NEW BLOCK PRODUCTION BUILDING WILL MATCH THE EXTERIOR OF THE EXISTING BUILDING. 5. THE EAST ENTRANCE BE PAVED AND PROVIDED WITH CURB AND GUTTER. THE CURB AND GUTTER SHOULD BE CONTINUED BACK TO A LINE THAT IS PARALLEL TO THE FRONT OF THE EXISTING BUILDING AND INCLUDE THE . . . . Planning Commission Minutes May 27,1997 Page 3 CONNECTION WITH THE PLAISTED FACILITY. THE PAVING SHOULD BE EXTENDED SO THAT IT CONNECTS WITH THE PAVED AREA CURRENTLY USED AS EMPLOYEE PARKING AND INCLUDE THE AREA AROUND THE AGGREGATE BINS IN THE SOUTHEAST CORNER OF THE SITE. 6. THE WEST ENTRANCE SHALL BE PAVED INCLUDING DRIVE AISLES TO THE AGGREGATE BINS. CURB AND GUTTER SHALL BE CONTINUED FROM COUNTY ROAD 33 BACK TO THE BEGINNING OF THE CURVE. 7. EXACT LOCATION OF THE SECOND ACCESS WILL BE VERIFIED AND APPROVED BY SHERBURNE COUNTY HIGHWAY DEPARTMENT. 8. A SITE PLAN WILL NEED TO BE SUBMITTED ILLUSTRATING THE NECESSARY IMPROVEMENTS FOR STAFF REVIEW AND APPROVAL. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Steve Ach indicated Pinnacle Foods, L.P. is requesting a conditional use permit to amend the Elk River Retail Center Planned Unit Development Agreement to install a 70 foot high structure. Chair Thompson opened the public hearing. There being no comments from the public, Chair Thompson closed the public hearing. Commissioner Cote asked if research had been done to verify if other communities have not allowed Perkins to have a 70 foot flagpole. Steve Ach indicated he was aware other cities have not allowed the 70 foot structure. Commissioner Minton indicated he opposed the request because the proposed structure was in close proximity to a residential neighborhood. Commissioner Mesich indicated he did not feel there was significant opposition to the request since no residents spoke against the issue during the public hearing. COMMISSIONER MINTON MOVED TO RECOMMEND DENIAL OF THE REQUEST BY PINNACLE FOODS, L.P. FOR AN AMENDMENT TO A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 97-13. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 3-2. COMMISSIONERS MESICH AND KUESTER OPPOSED. Staff report by Scott Harlicker. Larry Morrell has requested a rezoning, conditional use permit and preliminary plat approval for property located in the southwest corner of 17151 Avenue and the railroad tracks in order to relocate his trucking Planning Commission Minutes May 27,1997 Page 4 . facility. Morrell Transfer is proposing to construct a 50,690 square foot trucking facility on the 23.5 acre site. The applicant is requesting that the city consider selling city property located on the south side of 171 sl Avenue so they can develop their site plan as proposed. Also an ownership issue needs to be resolved regarding a strip of property along the railroad tracks used by Cargill to access their property to the east. Wetland mitigation is currently being reviewed by other agencies and comments are due back June 6th. The applicant will be required to sign a waiver of their right to object to assessments in order for the city to allow this development to occur prior to the availability of water and sewer. Parking, driveway access, fencing, trash enclosure, building elevation and outdoor storage issues were reviewed. Staff requests that the outdoor storage area be formally delineated and either paved or surfaced with Class 5. Staff also recommends the wetland area be fenced to prevent debris from entering the wetland. Grady Kinghorn of Christian Kinghorn Contractors, contractor for the proposed project, requested a 40 foot access in order to provide better flow of truck traffic entering and leaving the site simultaneously. They are unsure where the septic system will be located which will affect placement of the entrance and fencing. Mr. Kinghorn indicated the storage area will be fenced and surfaced with a minimum of Class 5, or possibly a crushed concrete. He noted Cargill has agreed to vacate their easement on the property and the necessary documents are being prepared. . Commissioner Minton questioned how Cargill will access the property if the easement is vacated. Mr. Kingman indicated the access is only used three times a year and Cargill has indicated they prefer to use their field roads from the east, rather than this access which comes out on 171st. Discussion followed regarding the fencing, curbing around the pond area, parking along the tree line and access width. Terry Maurer indicated his recommendation for a 36 foot driveway was based on consistency with a previous application by LeFebvre Trucking in which a 36 foot driveway was approved. He indicated his recommendation for catch basins and appropriate size pipe piping should help reduce runoff and erosion problems. Chair Thompson opened the public hearing. There being no comments from the public, Chair Thompson closed the public hearing. Commissioner Minton expressed concern regarding truck traffic. Terry indicated there is an appropriate right turn lane which could be used as an acceleration lane, and the left turn lane from eastbound Highway 10 is an appropriate length for truck traffic. Terry added there will not be a signal at the 171 sl and Highway 10 location until MN/DOT deems it necessary. Commissioner Minton expressed his concern for rezoning to PUD in order to allow development to occur without hookup to water and sewer. Discussion followed regarding the Cargill easement. Terry Maurer recommended the railroad crossing be removed prior to development of the site. . Planning Commission Minutes May 27,1997 Page 5 . 1. 2. . 3. 4. 5. 6. 7. 8. . COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY LARRY MORRELL FOR REZONING FROM 1-1 TO PUD, PUBLIC HEARING CASE NO. ZC 97-2, BASED ON THE FOLLOWING FINDINGS: 1. THE REZONING AND PROPOSED DEVELOPMENT IS CONSISTENT WITH THE COMPREHENSIVE PLAN TO ESTABLISH AN INDUSTRIAL CORRIDOR ALONG 171 ST AND THE NEW NORTH/SOUTH CORRIDOR. 2. THE REZONING WILL ALLOW MORRELL TRANSFER TO MOVE THEIR OPERATIONS FROM THEIR CURRENT SITE AT THE CORNER OF JACKSON AVENUE AND SCHOOL STREET WHICH POSES A HEALTH AND SAFETY ISSUE. 3. THE REZONING IS CONSISTENT WITH THE CITY'S ECONOMIC DEVELOPMENT STRATEGY TO PROMOTE BUSINESS RETENTION WITHIN THE COMMUNITY. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY LARRY MORRELL FOR PRELIMINARY PLAT, PUBLIC HEARING CASE NO. P 97-1dJ, WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. A PLANNED UNIT DEVELOPMENT AGREEMENT IS PREPARED AND EXECUTED. SURFACE WATER MANAGEMENT FEE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. THE BOUNDARIES OF THE PLAT BE REVISED TO SHOW THE PROPERTY OWNED BY THE APPLICANT. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS REQUIRED BY THE CITY. THE UPA POWER LINE EASEMENT BE SHOWN ON THE PLAT. ALL THE COMMENTS OF THE CITY ENGINEER BE ADDRESSED. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING WORK ON THE SITE. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 5-0. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY LARRY MORRELL FOR A CONDITIONAL USE PERMIT, BASED ON THE INFORMATION IN THE STAFF REPORT, AND THE FACT THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING, WITH THE FOLLOWING CONDITIONS: 1. ALL THE COMMENTS IN THE CITY ENGINEER'S MEMO DATED MAY 21, 1997 BE ADDRESSED. Planning Commission Minutes May 27,1997 Page 6 2. . THE WETLAND MITIGATION BE APPROVED AND WETLAND PERMITS APPROVED. 3. THE MAXIMUM WIDTH ALLOWED FOR A DRIVEWAY IS 40 FEET. 4. THE PARKING AREA ON THE EAST SIDE OF THE ENTRANCE WILL HAVE TO BE REVISED SO THAT IT IS ENTIRELY ON PROPERTY OWNED BY THE APPLICANT AND COMPLIES WITH THE REQUIRED 10 FOOT SETBACK FROM THE PROPERTY LINE. 5. THE DEVELOPMENT PLANS SHOULD INCLUDE HOW THE SOUTHEAST CORNER OF THE LOT WILL BE DEVELOPED. THE AREA SHOULD BE SURFACED WITH CLASS V AND FENCED IN ORDER TO CONTAIN THE STORAGE TO A SPECIFIC AREA. 6. THE SETBACK ALONG THE WEST PROPERTY LINE SHOULD BE ADJUSTED SO THAT THE OVERHANG OF THE TRAILERS DOES NOT DAMAGE THE VEGETATION. 7. 8. 9. . 10. 11. 12. 13. 14. 15. THE LANDSCAPE PLAN WILL HAVE TO BE REVISED SO THAT IT COMPLIES WITH THE CITY'S LANDSCAPING STANDARDS. ADDITIONAL EVERGREEN TREES SHOULD BE PLANTED ALONG THE WEST PROPERTY LINE AS A SUPPLEMENT TO THE EXISTING VEGETATION. AN UNDER GROUND IRRIGATION SYSTEM WILL NEED TO BE IN PLACE IN ALL FRONT YARD LANDSCAPED AREAS. THE CHAIN LINK FENCE SHOULD BE PLACED ALONG THE SOUTH EDGE OF THE PAVEMENT SO THAT IT DOES NOT GO THROUGH THE WETLAND. THE TRASH COMPACTOR SHALL BE LOCATED ON THE EAST SIDE OF THE LOADING DOCKS. TEST PITS AND BORING SHOULD BE DONE IN ORDER TO ASSURE THE SUITABILITY FOR THE PROPOSED SEPTIC SYSTEM. THE BUILDING SHOULD BE DESIGNED TO HOOKUP TO UTILITIES WHEN THEY ARE EXTENDED. SPRINKLING THE BUILDING MIGHT BE REQUIRED TO DEPENDING ON THE BUILDING PERMIT REVIEW. THE CURBING BE EXTENDED ALONG THE RETAINING POND. COMMISSIONER COTE SECONDED THE MOTION. COMMISSIONER KUESTER MOVED TO AMEND THE MOTION AS FOLLOWS: CONDITION NO.3. THE MAXIMUM WIDTH ALLOWED FOR A DRIVEWAY IS 40 FEET. CONDITION NO.5. DELETED . COMMISSIONER MESICH SECONDED THE MOTION TO AMEND. THE MOTION CARRIED 4-1. COMMISSIONER MINTON OPPOSED. . . . Planning Commission Minutes May 27,1997 Page 7 THE ORIGINAL MOTION CARRIED 5-0. Steve Ach indicated Good Value Homes is requesting preliminary plat approval to subdivide 38 acres located in the northwest corner of Proctor Road and 193rd A venue into 68 single family lots. This plat was previously reviewed by the Planning Commission and City Council and the Council passed a resolution denying the preliminary plat (Resolution 97-20). The plat has been revised to address the some of these concerns. The number of lots has been reduced from 79 to 68 and lot sizes and lot depths have been increased. The size of the wetlands has increased and street connection with Highland to the east and Lafayette Woods to the north is shown on the plat. A letter from Sherburne County Highway Department was distributed which indicated denial of access onto Proctor. This change will impact the design of the plat. Steve explained the pedestrian system throughout the proposed plat. Staff recommends a retaining wall and railing protecting the pedestrian walkway near the wetland. Derrick Passe, of Passe Engineer, representing the developer, indicated he will be working with Sherburne County to obtain the access on Proctor. Chair Thompson opened the public hearing. Ron Bastyr of Windsor Development, indicated a concern for loss of trees and buffering along Proctor. Jim Nystrom, 19232 Proctor Road, was concerned with the storm drainage, loss of trees and design of the plat. Lois Carton, 19231 Proctor Road, expressed her concerns regarding drainage and access to her property. Derrick Passe indicated drainage for the development will be detained on site with no increase in runoff. There being no other public comments, Chair Thompson closed the public hearing. COMMISSIONER MINTON MOVED TO POSTPONE THE REQUEST BY GOOD VALUE HOMES FOR PRELIMINARY PLAT APPROVAL (CHERRYWOOD HILLS) TO THE JUNE 24, 1997 PLANNING COMMISSION MEETING IN ORDER FOR THE DEVELOPER TO TAKE THE FOLLOWING ACTIONS: -MEET WITH STAFF AND THE DEVELOPER OF THE LAFAYETTE WOODS SUBDIVISION TO DISCUSS ALTERNATIVES TO PRESERVE TREES -OBTAIN AN ACCESS PERMIT FROM SHERBURNE COUNTY FOR THE CUL-DE- SAC ONTO PROCTOR, OR REDESIGN THE NORTHEAST PORTION OF THE PLAT -RECONSIDER LOCATION OF LOTS 18, 19 AND 23 . . . Planning Commission Minutes May 27,1997 Page 8 COMMISSIONER MESICH SECONDED THE MOTION. THE MOTIN CARRIED 5-0. Steve Ach explained a request has been received for a residential planned unit development subdividing 280 acres into approximately 322 single family lots and 200 townhouse lots. The property is currently owned by Waddy Schulze and is located north of County Road 12, east of the realigned County Road No. 13 and south of the 187th Avenue alignment. John Payton, Senior Engineer, of Westwood Professional Services; Ed Hasek, registered landscape architect; and AI Block of Town and Country Homes, were present on behalf of the developer. Chair Thompson opened the public hearing. John Paul, 19714 Twin Lakes Road, indicated it appears his driveway is across the street from the County Road 13 access to the proposed plat. He expressed his concern for the impact of increased traffic in front of his home, noting there have been a number of accidents in this location. He expressed concern the area residents will suffer the consequences of the proposed development. Mary Jo Miske, 10028 Twin Lakes Road, expressed her concern regarding assessments for sewer and water, realignment of County Road 13, and environmental impacts on Trott Brook. Mrs. Miske stated it was her understanding Jarvis would be the main north-south corridor for this area, not County Road 13. Terry Maurer explained County Road 13 was planned as the corridor for approximately 2 years. He noted the Council will be considering an area for the extension of city water and sewer which is much larger than the Schulze and Hohlen property, but it is not known at this time how large an area will be chosen. Members of the Planning Commission expressed interest in the developer incorporating a theme in the design of the plat. They expressed support for the variety of housing options proposed for the plat (Le., attached and detached single family, number of floor plans, architectural styles, sizes). COMMISSIONER MESICH MOVED TO POSTPONE THE PUBLIC HEARING FOR CASE NO.'S IC 97-1, CU 97-11 AND P 97-8, REQUESTS BY CPDC, TO THE JUNE 24, 1997, REGULARLY SCHEDULED PLANNING COMMISSION MEETING. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Uodate on 5/19/97 Citv Council Meetin9 Commissioner Minton provided the Planning Commission an update on actions taken by the Council on planning issues at the May 19, 1997 City Council meeting. . . . Planning Commission Minutes May 27,1997 Page 9 6.2. Schedule Joint Meetina with Park & Recreation Commission A joint meeting of the Park & Recreation Commission and Planning Commission.is scheduled for Wednesday, June 11, 1997 from 6 - 7 p.m., before the regular Park & Recreation Commission's regular monthly meeting. 6.3. Reoort on National Plannina Conference Commissioner Kuester distributed a summary of the American Planning Association Annual Convention held in San Diego, highlighting workshops and events she attended. There being no further business, COMMISSIONER MESICH MOVED TO ADJOURN THE MEETING. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River Planning Commission adjourned at 11 :06 p.m. R7~ctfUIlY submitte~t ,;JeI~i 'I)1UPUA Debbie Kleckner > Recording Secretary