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08-26-1997 PC MIN . . . &ff~@W~~ MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, AUGUST 26, 1997 Members Present: Chair Anderson, Commissioners Cote, Kuester, Mesich, Minton, Sullivan and Thompson Members Absent: None Staff Present: Scott Harlicker, Assistant Planner; Terry Maurer, City Engineer; Debbie Kleckner, Recording Secretary Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 7:50 p.m. by Chair Anderson. COMMISSIONER KUESTER MOVED TO APPROVE THE AUGUST 26, 1997 PLANNING COMMISSION AGENDA WITH THE FOLLOWING AMENDMENT: ADD ITEM 2.1. - CONSIDER SEPTEMBER PLANNING COMMISSION MEETING DATE COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 2.1. Consider SeDtember Plannina Commission Meetina Date COMMISSIONER THOMPSON MOVED TO CALL A SPECIAL MEETING OF THE ELK RIVER PLANNING COMMISISON ON TUESDAY, SEPTEMBER 30, 1997, AT 6:30 P.M. TO CONDUCT REGULAR BUSINESS, DUE TO THE SPECIAL ELECTION FOR THE PARK BOND REFERENDUM SCHEDULED FOR SEPTEMBER 23, 1997. CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER MINTON MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. CPDC REQUEST FOR ZONE CHANGE, PUBLIC HEARING CASE NO. ZC 97-1 - POSTPONED TO 9/30/97 3.2. CPDC REQUEST FOR CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 97-11 9 - POSTPONED TO 9/30/97 3.3. CPDC REQUEST FOR PRELIMINARY PLAT APPROVAL (TROTT BROOK FARMS), PUBLIC HEARING CASE NO. P 97-8 - POSTPONED TO 9/30/97 3.4. GUARDIAN ANGELS OF ELK RIVER REQUEST FOR LAND USE AMENDMENT (MR TO HR & CC), PUBLIC HEARING CASE NO. LU 97-2 - POSTPONED TO 9/30/97 Planning Commission Meeting Minutes August 26. 1997 Page 2 3.7. GUARDIAN ANGELS OF ELK RIVER REQUEST FOR ZONE CHANGE, PUBLIC HEARING CASE NO. ZC 97-20 - POSTPONED TO 9/30/97 GUARDIAN ANGELS OF ELK RIVER REQUEST FOR CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 97-20- POSTPONED TO 9/30/97 GUARDIAN ANGELS OF ELK RIVER REQUEST FOR PRELIMINARY PLAT APPROVAL (ORONO SHORES), PUBLIC HEARING CASE NO. P 97-12 - POSTPONED TO 9/30/97 . 3.5. 3.6. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER MINTON MOVED TO APPROVE THE JULY 22, 1997 PLANNING COMMISSION MINUTES WITH THE FOLLOWING CORRECTION: PAGE 4, ITEM 5.6. - REMOVE "SULLIVAN" FROM THE SECOND TO THE MOTION. CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. Chair Anderson will attend the September 15, 1997 City Council Meeting. . The City of Elk River has requested a land use amendment for the area identified as Area # 1 in the Economic Development Strategic Plan to change the land use from MR (Medium Density Residential) to LI (Light Industrial). The city has also requested a corresponding zone change for this property from R 1 c (Single Family Residential) to BP (Business Park). Scott Harlicker, Planning Assistant. indicated this request was reviewed and tabled by the Planning Commission at the July 22nd meeting. Five residents spoke out against the rezoning, one was not opposed, and the affected property owner, Stewart Wilson requested by letter that the item be tabled until the August meeting when he would be able to attend. The residents expressed concerns about the impact of a business park on their property value and increased crime. Scott noted that thoughtful design and effective berming and landscaping and implementation of performance standards could aid in the transition from light industrial to residential land uses. The police department has indicated they are not aware of data to support a business park causing an increase in crime. Chair Anderson opened the public hearing. . Jim Sletten, 18137 Ogden Street, expressed there are no natural abutments to buffer the proposed business park from the residential on three sides. He also was concerned his property value would be affected. Planning Commission Meeting Minutes August 26, 1997 Page 3 . Steve Stewart, 18290 Ogden Street, expressed concern for decreased property values and crime. Troy DeMars, 14220 182nd Avenue, did not feel it is appropriate to locate an industrial area in an established residential area. Bruce Lindeman, 14099 182nd Avenue, requested the area be left residential, since the area has developed as residential and the close proximity of the golf course. John O'Malley, 18020 Union Street, stated he chose this area to live in because it was surrounded by residential uses. Dr. Tim Ebner, 17994 Union Street, expressed concern the business park was not compatible with the surrounding residential, and felt there would be major traffic problems associated with business park development. Dr. Ebner stated he and all his neighbors object to the proposed changes and requested that the Planning Commission deny the land use amendment and rezoning. Paul Hanson, 14244182nd Avenue, felt the proposed business park would affect the view of the residents in the area. He asked the Planning Commissioners to listen to the residents. . Stewart Wilson, 17975 Troy Street, indicated he is aware of the importance of business park and industrial zoned property in the city. He stated he has visited other business parks and felt that a business park could complement a neighborhood if it is done right and in an orderly fashion. Mr. Wilson expressed concern some of the versatility of the property would be lost if this parcel were to become light industrial, since the parcel he owns to the north is already light industrial. Mr. Wilson suggested the southeast portion of the property which is approximately 20 acres (5 acres of woods), be left residential to create a natural buffer for the residential to the east. Potential residents would be aware that a business park was proposed to be located in the area. Mr. Wilson requested that if the land use amendment and rezoning are approved, the City adhere to the items listed in the Strategic Plan. An unidentified resident from the area expressed his objection to the business park zoning. He stated his reasons for objection include increased crime, traffic, diesel exhaust and buzzers associate with industrial uses. He stated he would be forced to move if the rezoning is approved. It was suggested a 100 yard park area be placed around the perimeter of the business park site as a buffer to the residential. Commissioner Minton indicated he was contacted by a resident of the affected area, David Raymond, expressing his opposition to the proposed amendment and rezoning. Mr. Raymond indicated he would like to see the area preserved for a school. Commissioner Thompson stated Steve Stewart contacted her when he was petitioning in her neighborhood. . . . . Planning Commission Meeting Minutes August 26. 1997 Page 4 Bob Saxon, 18044 Union street, stated he attended a previous meeting several years ago when the Council voted to leave the south half of the Wilson property residential. Hartley Story, 14148 Mississippi Road, expressed his opposition to the proposed changes. He felt the City needs to look for a much larger parcel to develop for residential. There being no other comments from the public, Chair Anderson closed the public hearing. Paul Steinman, Director of Economic Development, provided photographs of business parks in the area which have standards similar to the City of Elk River. Chair Anderson reopened the public hearing. Steve Stewart, 18290 Ogden Street, expressed concern the speeding problem on Mississippi Road would become even greater with the increased traffic generated by a business park. Troy DeMars, 14220 182nd Avenue, questioned how many employees would be employed by the business park. He expressed his concern for the traffic impacts the business park would have on the residential community. Dr. Ebner asked the Commissioners to make a decision on this issue as if it were in their backyard. Jennifer Longley, 19233 Ogden, indicated she moved here in June, based on the fact the area was zoned residential. She expressed her opposition to the proposed amendment and rezoning. Commissioner Mesich stated he felt it would be inappropriate to rezone this property to light industrial due to its close proximity to the Mississippi River and the residential properties. Commissioner Mesich supported the location of a school at this site. Commissioners Thompson and Cote stated they could not support the request based on the fact there is existing residential on three sides of the property. Commissioner Kuester explained the Planning Commission is a volunteer board comprised of citizens that may have had an issue of their own at one time. She explained she did not support this request, but she is concerned about the need for industrial property in order to achieve a balance in the community. She stated the Planning Commission is here to listen to the public and wished the residents could have been more respectful. Chair Anderson indicated he understood this is an emotional issue for the residents. He expressed his agreement the subject property is not appropriate for a business park and was concerned for increased traffic. Planning Commission Meeting Minutes August 26, 1997 Page 5 . Commissioner Sullivan explained she understands the need for light industrial property and felt compromises could be made to minimize the impacts, but she did not feel she could support this request. Commissioner Minton felt denial of this request goes against the Strategic Plan. He indicated there will likely be resistance opposition to each of eight areas proposed to be rezoned to light industrial. He stressed the need for the residents to look ahead to the negative impacts if the city does not increase the industrial tax base. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND DENIAL OF THE CITY OF ELK RIVER'S REQUEST FOR A LAND USE PLAN AMENDMENT, PUBLIC HEARING CASE NO. LU 97-1, AND REZONING PUBLIC HEARING CASE NO. ZC 97-3, BASED ON PUBLIC INPUT AND INFORMATION RECEIVED DURING THE PUBLIC HEARING. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 5-2. Commissioners Minton and Sullivan opposed. . Staff report by Scott Harlicker. Independent School District (ISO) #728 has requested a rezoning of approximately 20 acres from R4 (Multi-family Residential) and 1-1 (Light Industrial) to R 1 c (Single Family Residential), and to amend the Comprehensive Land Use Plan from LI (Light Industrial) to MR (Medium Density Residential). The subject property is located at the northwest corner of Proctor and School Street, lying between School Street and County Road 1 (south end of Oak Knoll Park). ISO #728 has also requested a conditional use permit to construct an alternative learning center (ALe) (institutional use), along with a new parking lot facility. Scott indicated staff recommends approval of the rezoning and Comprehensive Land Use Plan amendment based on the findings in the staff report . Scott reviewed issues associated with the conditional use permit regarding parking and circulation, landscaping, building orientation, fire protection, pedestrian circulation, easements, and drainage and utilities. Staff recommended approval of the request with the conditions outlined in the staff report. Ron Bratlie, School District representative for the project, reviewed plans for the ALC. Chair Anderson opened the public hearing. There being no comments from the public, Chair Anderson closed the public hearing. . Commissioner Kuester expressed support for preserving the opportunity for a trail through the site. She was concerned there would not be adequate parking for the community education office. Planning Commission Meeting Minutes August 26. 1997 Page 6 . Commissioner Mesich expressed his concern regarding the behavior of ALC students at the current ALC site, and questioned if it was appropriate to place this type of facility close to a residential neighborhood. He suggested placing the building in the location of the existing parking lot further north. Discussion followed regarding orientation of the building, traffic, and parking for community education. COMMISSIONER KUESTER MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF INDEPENDENT SCHOOL DISTRICT #728'S REQUEST FOR REZONING AND LAND USE PLAN AMENDMENT, PUBLIC HEARING CASE NO:S ZC 97-6 AND LU 97-5. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF INDEPENDENT SCHOOL DISTRICT 728'S REQUEST FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 97-26, BASED ON THE FACT THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING, WITH THE FOLLOWING CONDITIONS: 1. THE BUILDING SHALL BE RE-ORIENTED FURTHER TO THE EAST IN A MANNER WHICH WILL ALLOW A NEW DRIVEWAY TO BE INSTALLED AROUND THE WEST SIDE OF THE BUILDING CONNECTING THE PROPOSED PARKING LOT WITH SCHOOL STREET. 2. . A REVISED LANDSCAPING PLAN BE SUBMITTED WHICH SHOWS EARTH BERMING ALONG THE EAST SIDE OF THE PROPOSED PARKING LOT, ALONG WITH PLANTINGS THAT WILL PROVIDE A YEAR-ROUND SCREENING OF THE RESIDENCES IMMEDIATELY TO THE EAST. 3. THE NEW PARKING LOT FACILITY BE BOUNDED WITH CONCRETE CURB AND GUTTER AND ANY NEW OR REVISED EXISTING PARKING AREAS ALSO BE IMPROVED WITH CURB AND GUTTER. 4. THE NEW ACCESS DRIVE ONTO PROCTOR AVENUE WILL REQUIRE A PERMIT FROM THE SHERBURNE COUNTY HIGHWAY DEPARTMENT. 5. THE SOUTHERLY DRIVEWAY INTO THE EXISTING PARKING LOT FACILITY ALONG PROCTOR AVENUE SHOULD BE CLOSED, WITH THE OPENING OF THE NEW DRIVEWAY IMMEDIATELY TO THE SOUTH. 6. 7. 8. 9. 10. . 15 FOOT EASEMENTS BE GRANTED FOR ALL ELECTRICAL LINES LOCATED ON THE SCHOOL DISTRICT'S PROPERTY. DRAINAGE AND UTILITY RECOMMENDATIONS FROM TERRY MAURER'S MEMO DATED AUGUST 21,1997 BE INCORPORATED INTO THE PLANS. FIRE HYDRANTS BE PROVIDED ON SITE AS RECOMMENDED BY THE FIRE CHIEF. ALL DRIVE AISLES MUST BE A MINIMUM OF 24 FEET IN WIDTH. ADDITIONAL BUFFERING BE PROVIDED ALONG THE SOUTH EDGE OF THE NEW DRIVEWAY ONTO PROCTOR AVENUE. THE BUFFER SHOULD INCLUDE EITHER LANDSCAPING OR A FENCE, OR A COMBINATION OF THE TWO. . . . Planning Commission Meeting Minutes August 26, 1997 Page 7 11. A PEDESTRIAN PATH CORRIDOR BE PRESERVED AND SHOWN ON THE SITE PLAN THROUGH THE SITE FROM THE TERMINUS OF THE UNIMPROVED TRAIL BETWEEN THE TWO SOCCER FIELDS TO SCHOOL STREET. THIS TRAIL WILL BE INSTALLED AT A LATER DATE WHEN THE BALANCE OF THE TRAIL IS COMPLETED. 12. A LIGHTING PLAN BE SUBMITTED SHOWING THE TYPE OF PARKING LOT LIGHTS TO BE USED AND THE ILLUMINATION PATTERN. 13. ADEQUATE PARKING SHALL BE PROVIDED FOR THE COMMUNITY EDUCATION FACILITY, AS DETERMINED BY STAFF. COMMISIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 7-0. Scott indicated the City of Elk River is requesting an ordinance amendment to eliminate multi-family dwellings, townhouses and two family dwellings as allowed uses in the C-2 (Office District). The amendment would limit residential development and maintain the integrity and intent of the C-2 district. Staff has suggested allowing apartments as a mixed use with offices and single family homes as a conditional use. If single family homes in the C-2 became a non- conforming use, the homes could not be rebuilt if damaged by more than 50%. Staff also suggested the Commission consider a similar ordinance amendment for the C-l zoning district. The Commissioners discussed the possibility of establishing a definition for "mixed use". Commissioners Minton and Kuester indicated they would support a mix of residential and commercial in the C-l district (Le., business on first floor. apartments/condominiums on second floor), rather than in the C-2. The Commissioners felt the language should be changed in Section 2.4.C. as follows: Eliminate Hi. and the add the word "existing" before single family dwellings in ix. The Commissioners were in agreement that staff research the language for the proposed amendment, and to draft a similar ordinance for the C-l zoning district. Chair Anderson opened the public hearing. COMMISSIONER MINTON MOVED TO POSTPONE THE CITY OF ELK RIVER'S REQUEST FOR AN ORDINANCE AMENDMENT AND CONTINUE THE PUBLIC HEARING FOR CASE NO. OA 97 -11, TO THE OCTOBER 28, 1997 PLANNING COMMISSION MEETING. COMMISISONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 7-0. . . . Planning Commission Meeting Minutes August 26. 1997 Page 8 Scott explained the City of Elk River has requested this ordinance amendment in order to differentiate between the types of uses allowed in the Business Park district. Chair Anderson opened the public hearing. The Commissioners expressed their support for the changes as presented in the staff report. COMMISSIONER SULLIVAN MOVED TO POSTPONE THE CITY OF ELK RIVER'S REQUEST AND CONTINUE THE PUBLIC HEARING FOR ORDINANCE AMENDMENT CASE NO. OA 97-12, TO THE OCTOBER 28, 1997 PLANNING COMMISSION MEETING. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 7-0. Commissioner Kuester gave an update of action taken on planning items at the August 18, 1997 City Council meeting. 8. Adiournment There being no further business, COMMISSIONER MESICH MOVED TO ADJOURN THE MEETING. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the Elk River Planning Commission adjourned at 10:20 p.m. R.K.n es e.~:UIIY...SUbmitted. , ,~Ijr~ Debbie Kleckner Recording Secretary