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07-22-1997 PC MIN . . . ~~m@w~~ MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, JULY 22, 1997 Members Present: Chair Anderson, Commissioners Cote, Kuester. Mesich, Minton, Sullivan and Thompson Members Absent: Commissioner Kuester Staff Present: Steven B. Ach, City Planner; Scott Harlicker, Assistant Planner; Terry Maurer. City Engineer; ; Steve Rohlf, Building & Zoning Administrator; Paul Steinman, Paul Steinman, Executive Director. Economic Development; Debbie Kleckner. Recording Secretary Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:30 p.m. by Chair Anderson. COMMISSIONER SULLIVAN MOVED TO APPROVE THE JULY 22, 1997 PLANNING COMMISSION AGENDA WITH THE FOLLOWING ADDITIONS: ITEM 5.14. - HILLSIDE CROSSING SOUTH TWO - DISCUSSION ITEM 5.15. - DISCUSSION 1998 PLANNING COMMISSION BUDGET CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER MINTON MOVED TO APPROVE THE JUNE 24, 1997 MINUTES WITH THE FOLLOWING CHANGE: - ITEM 3.B. - ADD THE WORD "MOVED" CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Commissioner Kuester is scheduled to attend the August 18, 1997 City Council Meeting. S:1.' TillefCorci'bratioh RedUesffor:C'OhCllfr6'riaIOse Permit. .Public HeC!l~ho CdseNo.ir .,. CU 97-19 Tiller Corporation is requesting a conditional use permit for mineral excavation and relocation of their hot-mix asphalt plant on a 133 acre site at Highway 169 and 22151 Avenue. Steve discussed the proposed road between this site and the Planning Commission Minutes July 22. 1997 Page 2 . Elk River Landfill mining site. Staff recommends approval of the request based on the conditions in the staff report. Commissioner Sullivan questioned whether the number of truck trips will increase. Brent Schlueter of Tiller Corp. indicated the number will remain approximately the same. Mr. Schlueter noted the old site will be reclaimed and closed. Chair Anderson opened the public hearing. There being no comments from the public, Chair Anderson closed the public hearing. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY TILLER CORPORATION FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 97-19, WITH CHANGES RECOMMENDED BY STAFF. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 6-0. Scott indicated Amoco Oil is requesting a conditional use permit for a convenience store, gasoline sales and car wash on a 1.3 acre lot located in the northeast corner of Highway 169 and Freeport Street. Scott indicated this application coincides with Hillside Crossing Three request for preliminary plat and final approval. Scott reviewed issues associated with the request regarding hours of operation, lighting, parking, access and signage. Staff recommends approval of the request with the conditions outlined in the staff report. . Chair Anderson opened the public hearing. David Plude, 11537 197th Avenue, expressed concern with the "right in only" access by home. He indicated he would like to see "No U-turn" signs posted to discourage motorists from making unsafe turning movements. Mr. Plude supported the "in only" access to move the traffic off Highway 169 and into the site more smoothly. Mr. Plude indicated trees were to have been planted on his property when the improvements to 197th were completed, and this has not been done. He stated he was concerned with traffic at this location and was hopeful signalization of the intersection will move forward. John Kosmos, KK Design, engineer for project (Amoco) reviewed issues associated with the right-in only access, access onto Evans, landscaping (number and size of plantings), berming, lighting. and signage. Mr. Kosmos felt the "right in" access of Highway 169 was critical to the success of the project. He requested the access onto Evans remain as they have proposed and felt moving the access to the south would confuse customers trying to leave the site. Mr. Kosmos indicated the lighting will be directed downward and into the site and should not impact the neighboring residents. It was the consensus of the Planning Commissioners the request by Amoco Oil will require additional review after the architect has incorporated staff's recommendations. Mr. Kosmos requested that the Planning Commission consider Amoco's request at a special session. . COMMISSIONER MINTON MOVED TO POSTPONE THE REQUEST BY AMOCO OIL CO. FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 97-17. AND Planning Commission Minutes July 22. 1997 Page 3 . CONTINUE THE PUBLIC TO A SPECIAL MEETING OF THE PLANNING COMMISSION ON TUESDAY, AUGUST 12, 1997, AT 5:00 P.M. CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. . Sherry Emmerson, Director of Operations for Guardian Angels of Elk River, Inc. was present to review a proposal for a mixed use PUD to be located northeast of the intersection of Highway 10 and Joplin Street. Ms. Emmerson explained a marketing study done by Health Planning and Management Resources indicates a need for 63 subsidized units and 52 private-pay units of senior assisted living housing. Ms. Emmerson indicated their proposal includes an area of neighborhood commercial to serve this community and includes a medical clinic. She felt the neighborhood commercial would provide a buffer from the heavy traffic on Highway 10. Ms. Emmerson indicated they have 42 names on file for assisted living and 17 names for the townhomes. They are currently facing challenges presented by the Shoreline Ordinance but felt they will be able to work with City in resolving these issues. Michael Trossen, Trossen Wright Architects. explained the proposed project will include townhomes along lake with chapel or community club house, a medical clinic. and 80 units of assisted living. The neighborhood commercial will consist of a minimum of 1 acre sites, including medical clinic, and is proposed as a buffer to the site. Access to the site was discussed. Mr. Trossen explained how the Shoreline ordinance breaks property into three tiers with each tier designating allowances for densities, number and size of units. Mr. Trossen indicated the assisted living units will be approximately 400-500 sq. ft. and the townhomes will be 1,000-1,200 sq. ft. Mr. Trossen felt the Shoreline Ordinance does not address senior housing, and felt there is a way the project can be done. Commissioner Sullivan questioned the age limits for townhouses. Ms. Emmerson indicated the townhomes will be restricted to persons age 55 and over. Commissioner Minton questioned whether or not Guardian Angels would operate and/or lease the neighborhood commercial property. Ms. Emmerson indicated the issue has not yet been decided. Commissioner Minton expressed his support for the medical clinic. . Steve Ach explained the Shoreline Ordinance was established by the DNR and was adopted for enforcement by the city in 199. Steve indicated staff will work with the DNR to allow flexibility in meeting the requirements of the Shoreline Ordinance. Steve noted in addition to the shoreline issues, there are issues . . . Planning Commission Minutes July 22. 1997 Page 4 associated with the plat such as traffic, storm water drainage, access at frontage road, internal circulation and project density. Mr. Trossen indicated that due the heavy demand for assisted living, they hope to start the project before winter. Regarding the drainage issue they have attempted to include some smaller ponding areas on site in the design plan. Chair Anderson opened the public hearing. There being no comments from the public, Chair Anderson closed the public hearing. COMMISSIONER MESICH MOVED TO POSTPONE THE REQUESTS BY GUARDIAN ANGELS OF ELK RIVER, INC. FOR A COMPREHENSIVE LAND USE PLAN AMENDMENT, ZONE CHANGE, PRELIMINARY PLAT AND CONDITIONAL USE PERMIT TO THE AUGUST 26, 1997 PLANNING COMMISSION MEETING. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Contractor Property Developer's Company (CPDC) has requested a Comprehensive Land Use Plan Amendment changing the land use designation of approximately 80 acres from LI (Light Industrial) to MR (Medium Density Residential) . Chair Anderson opened the public hearing. There being no comments from the public, Chair Anderson closed the public hearing. Steve indicated the density of the proposed residential project at this site is 5 units per acre. Discussion followed regarding the suitability of the site for industrial development and the proposed realignment of County Road No. 12. Terry Maurer explained the realignment will be a mixture of funding from the City, County. developers, ISTEA Grant, etc. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY CPDC FOR A COMPREHENSIVE LAND USE PLAN AMENDMENT, PUBLIC HEARING CASE NO. LU 97-3. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 5-1. Commissioner Mesich opposed. Scott indicated the City of Elk River has initiated a land use amendment from HB (Highway Business) to LI (Light Industrial) and rezoning from C3 (Highway Commercial) to BP (Business Park). The approximately 6 acres is located at the southwest corner of Highway 169 and Main Street. Staff feels the changes will help increase the City's industrial base, allow development which is Planning Commission Minutes July 22. 1997 Page 5 . complementary and compatible with adjacent land uses, and allow development at this major intersection while minimizing increases in traffic. Scott explained uses allowed in the Business Park vs. The C3 Commercial zoning district. Chair Anderson opened the public hearing. Earl Hohlen, 39 Main Street, one of the owners of the subject property, expressed his feeling the area should remain commercial. Dr. Howard Johnson, owner west of Hohlen's property, indicated Mr. Hohlen would not have adequate access to his property unless he went through his property. He indicated he does not want truck traffic next to his clinic. Mr. Johnson stated he is not in favor of the proposed changes, nor are the other residents adjacent to the site. Steve Stewart, 18290 Ogden Street, expressed his support for Dr. Johnson's comments. Dr. Johnson explained he is faced with a decision with the possible redevelopment of the apartments to the west of his property and Mr. Hohlen's need for access on the east. There being no other comments from the public, Chair Anderson closed the public hearing. . Commissioner Cote questioned whether or not the site to west owned by UP A is developable. Terry Maurer indicated the County ditch has been abandoned, and is served by city storm sewer. Commissioner Mesich indicated he would support the land use but not the rezoning. since the property owners are opposed. Commissioner Minton expressed his support and stressed the need for industrial property. Paul Steinman explained this area is only 1 small area of approximately 300 acres identified for possible industrial/business park development by the EDA Strategic Plan. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE LAND USE AMENDMENT. COMMISSIONER CHAIR ANDERSON. THE MOTION CARRIED 4-2. Commissioners Thompson and Mesich opposed. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REZONING REQUEST BY THE CITY OF ELK RIVER, PUBLIC HEARING CASE NO. ZC 97-5, BASED ON INFORMATION IN STAFF REPORT. CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 4-2. Commissioners Thompson and Mesich opposed. . . . . Planning Commission Minutes July 22. 1997 Page 6 Scott indicated the City is requesting an amendment to the land use map and corresponding rezoning of approximately 60 acres owned by Steward Wilson/Hoigt Properties from MR (Medium Density Residential) to LI (Light industrial) and R 1 c (Single Family Residential) to BP (Business Park). The property is located at the northeast corner of the intersection of Waco Street and Mississippi Road. Scott noted a letter was received from property owner Stewart Wilson, asking these items be tabled. Scott reviewed the uses allowed in the Business Park Zoning District. He explained the amendment and rezoning reflect goals and policies of the Comprehensive Plan and Economic Development Strategic Plan. Chair Anderson opened the public hearing. Steve Stewart, 18290 Ogden Street, expressed his concerns regarding lighting, crime, and truck traffic. He requested this item be tabled in honor of Mr. Wilson's wishes. Jim ,18137 Ogden Street, expressed his opposition to the proposed changes, citing increased crime, visual impacts, and vandalism would be associated with industrial development. Gary Varr, 18222 Ogden Street, stated he would not have bought his lot if he would have known industrial development would be located adjacent to this property. Carolyn , 18176 Ogden Street, expressed her opposition to the proposed land use amendment and rezoning. Dennis Anderson, 14475145th Court, indicated he has developed property on Mississippi west of the subject property. He currently owns a piece of property on Mississippi that he hopes to develop without being impacted by the proposed changes. Mr. Anderson felt it was appropriate to allow Mr. Wilson's input. Steve Wilson, 18082 Rawlins Street, expressed concern that Waco Street is very narrow and not designed for truck traffic. He is also concerned with the safety of walkers and the 55 mph speed limit. COMMISSIONER MINTON MOVED TO POSTPONE THE REQUEST BY THE CITY OF ELK RIVER FOR A LAND USE MAP AMENDMENT AND REZONING, PUBLIC HEARING CASE NO.'S LU 97-1 AND ZC 97-3 UNTIL THE AUGUST 25, 1997 PLANNING COMMISSION MEETING. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 6-0. Planning Commission Minutes July 22,1997 Page 7 . Steve Ach indicated the City of Elk River has initiated a Comprehensive Plan Amendment to adjust the urban service boundary in eastern Elk River to include 480 acres. Approximately 180 of the 480 acres is either owned by the City, MN/DOT. or is identified as wetlands, leaving approximately 280 to 300 acres with development potential. Steve indicated there would be no immediate or foreseeable assessments, and extension of utilities would likely be initiated by the development community. Steve noted this area will likely develop in 2-1/2 acre lots if it is not included in the urban service area. Steve noted if the area is included, it would be appropriate to rezone the properties for the current R 1 a to a residential zoning district consistent with other areas within the urban service boundary. Chair Anderson opened the public hearing. Karl Schaap, 15096 191st Avenue, expressed concern for the impact on the Holzem's 500 acre dairy operation. He explained 50 acres of the property to be included consist of 11 homeowners, 180 acres have 3 owners, and no one is interested in developing their property in the foreseeable future. In addition to the assessments, Mr. Schaap stated a contractor estimated it would cost one of the property owners involved approximately $38,000 to bring water and sewer lines to his home from the street. He indicated all of the property owners he has spoken with are not in favor of being included in the urban service area. . Discussion followed regarding 2-1/2 acre development vs. Inclusion in the urban service area. Mr. Schaap questioned whether certain areas could be exempted as was done in the case of Hidden Creek subdivision. Paul Holzem, 19049 Davis Street, owner of a large dairy farm in the proposed area to be included in the urban service district, felt the residents should be given a long term notice of the extension of water and sewer. He indicated he would not be able to afford the assessments and would likely have to sell out or relocate his dairy operation. Terry Maurer review past history of the extension of utilities to the western area. He indicated there were some small developments with parcels that could not reasonably be subdivided and were not assessed or forced to hookup. Owners of vacant properties with tillable land were given a 2 years interest-free deferment to decide if they wanted sell or move their operation. Terry stated he does not foresee sewer and water being forced out into this area. Steve indicated the current growth pattern is to move from the core of the city outward and that Inclusion in the urban service area does not mean the property owners will be assessed now. Paul Holzem stated he was against being included in the urban service area and did not feel it was appropriate. Emma Davis, 18925 Davis Street, expressed concern for increasing taxes and the need for industry in Elk River. . Tom Forsythe, 10578 181st Avenue, indicated he felt the Planning Commission's recommendations to Council should take into account property owners with land . . . Planning Commission Minutes July 22. 1997 Page 8 that is not developable. He expressed his opposition to the proposed expansion of the urban service area. The Planning Commission, staff and the property owners discussed timing of the extension of the utilities. Donna Beaudry, 17995 Fillmore Street, questioned when they would have to hook up to city services and when they would be assessed. Steve Ach indicated Ms. Beaudry's property is approximately 2 miles away from sewer and water and he did not know if she would be included in the urban service area at some point in the future. He explained there will be no assessments until a project is proposed and petition for improvements is received and acted upon by the City Council. LeRoy Brown, 10815 175lh Avenue, expressed his opposition to the expansion of the urban service boundary. Emma Holzem, indicated their property was taken out of urban service proposal in December and now they are being included again. Mr. Schaap suggested a time frame be established for extending utilities. Jerry Ruppeluis, 10496 181sl Avenue, questioned whether or not his property is included in the urban service area. Terry Maurer indicated Mr. Ruppeluis' property was not included. Stoffel Reitsma, 10860 181sl Avenue, stated 10 years these residents were told they would never be included in the urban service area. He encouraged the Planning Commissioners to take field trip to this area and they would find the area is not suitable for urban development. Mr. Reitsma expressed his concern regarding the need for industrial development in Elk River. Commissioner Minton felt the Comprehensive Plan indicates development will move eastward and land must be preserved now to insure the economic feasibility of extending water and sewer. Discussion followed regarding establishing a time frame for the extension of city sewer and water to this area. COMMISSIONER THOMPSON MOVED TO POSTPONE THE CITY OF ELK RIVER'S REQUEST AND PUBLIC HEARING FOR A COMPREHENSIVE PLAN AMENDMENT TO ADJUST THE URBAN SERVICE BOUNDARY, PUBLIC HEARING CASE NO. OA 97-10, TO THE SEPTEMBER 23RD PLANNING COMMISSION MEETING. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 6-0. The City of Elk River has requested amending the Zoning Code to include a maximum driveway width for residential driveways. Scott reviewed survey information from other communities and indicated staff is recommending maximum width of 30 feet. . . . Planning Commission Minutes July 22, 1997 Page 9 Chair Anderson opened the public hearing. There being no comments from the public, Chair Anderson closed the public hearing. COMMISSIONER MESICH MOVED TO RECOMMEND APPROVAL OF ORDINANCE NO. 97-_, ESTABLISHING A MAXIMUM DRIVEWAY WIDTH OF 30 FEET. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.14. Hillside Crossina South Two Steve Ach indicated the City Council delayed action on the Hillside Crossing South Two plat for Planning Commission review and comment. The Commissioners expressed concern that intense commercial uses at this site may generate increased traffic problems. It was the consensus of the Planning Commissioners to discuss this item at the August 12th special meeting. 5.15. 1998 Budaet steve Ach indicated the proposed 1998 Planning Commission budget will be similar to the 1997 budget. The Planning Commissioners expressed their support for the proposed budget. 6.1. Uodate on 7 /21 /97 City Council Meetina Commissioner Thompson provided an update of City Council action on planning items at the July 21, 1997 City Council meeting. There being no further business, COMMISSIONER MINTON MOVED TO ADJOURN THE MEETING. CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at 11 :25 p.m. Respectfully submitted, IJJk !ft~ Debbie Kleckner Recording Secretary